New South Wales District Court CITATION: Jade M. v Regina [2007] NSWDC 143 11-12 September 2006 HEARING DATE(S): 14 September 2006 29 September 2006 JUDGMENT DATE: 8 June 2007 EX TEMPORE JUDGMENT DATE : 26 September 2007 JURISDICTION: Criminal JUDGMENT OF: Nicholson SC DCJ DECISION: BREAK & ENTER WITH INTENT COMMIT SERIOUS INDICTABLE OFFENCE; TAKE AND DRIVE CONVEYANCE; BE CARRIED IN CONVEYANCE TAKEN WITHOUT CONSENT;; Severity appeal upheld.; Sentences imposed by Learned Magistrate in respect of each offence is quashed.; In lieu – enter into Good Behaviour Bond for 6 months pursuant to s33(1)(b) Children (Criminal Proceeding) Act.; BREACH OF SUSPENDED COURT ORDER; Take no action. CATCHWORDS: Criminal Law - Severity Appeal from Childrens' Court - Juvenile Offender - Break Enter with intent - Motor Vehicle theft type offences - finalisation of s 33 (1) (C) bail enforced rehabilitation - Appeal upheld after successful completion of bail. LEGISLATION CITED: s 33(1) (C) Children (Criminal Proceedings) Act 1987 PARTIES: Jade D. M. Regina FILE NUMBER(S): 06/32/0466 SOLICITORS: Crown: M/s K. Malley, Office of Director of Public Prosecutions - Newcastle Appellant: Mr North Aboriginal Legal Service JUDGMENT 1 HIS HONOUR: Jade M. came before me at the Moree District Court, appealing from the severity of sentences imposed upon him by the Children's Court there. He had, with some other young fellows, got himself into a fair bit of trouble and was before the Children's Court for break and enter with intent to commit a serious indictable offence, taking and driving a conveyance, and being carried in a conveyance without consent of the owner. 2 There were other times when he had come to the attention of the Juvenile Justice authorities or the police and he was also up for a breach of a bond. Those other times when he had been in trouble, he was not necessarily charged, but he certainly was spoken to. 3 I looked at his record last night. Between 2003 and 2005 he had been before the courts some 15 or 20 times. 4 For the offences with which I am dealing. I put him on what is called a Griffith remand. It is an option open, pursuant to s 33, 1(C) of the Children (Criminal Proceedings) Act 1987. I required him to live in Coffs Harbour region with his uncle, who must be quite a man from what I have read, and his uncle's family, out of the Boggabilla area for 12 months. Under his uncle's supervision, but still coming back into contact with his adopted parents, he has maintained himself well for 12 months. He tells me and I accept, that he has been in no trouble during that 12 month period. 5 The story is actually better than that, because apart from not even being in trouble, he has actually made positive gains. He has undertaken some study. He is accepting alcohol and other drug counselling. He hopes to get his learners drivers permit. He is doing a literacy and numeracy course. I am told today he has secured a job as a groundsman at the main rugby ground in Coffs Harbour. He is playing football with the Sawtell Panthers in the under 18's side and is making some social contacts, which in my view is important, particularly if they are fellows who are not using drugs and are not drinking to excess. 6 It would appear to me that there is an element of stability in his life. In those circumstances I am hopeful that he will stay there and accept the mentoring offered by his uncle and family. 7 The formal orders that I make are these, that the severity appeals are upheld. The appeals against sentences imposed by the learned magistrate in respect of the break and enter, the take and drive conveyance, and being carried in a conveyance without consent are upheld. In lieu of the sentences imposed, and bearing in mind the 9 months that he has been on a s 33(1)(C) bail, I will release him on condition that he enter into a good behaviour bond for a period of a further six months. Once that six months is up, it is all over. That will mean for more than a year you have been behaving yourself. 8 In respect of the breach of the bond, I intend to take no action, bearing in mind what he has already done, both in terms of serving time in custody and in terms of the s 33(1)(c) requirements that have been imposed upon him as part of the oversight action that I would be taking into account when dealing with him for the breach. 9 I think that is all the orders I need to make madam Crown, is that right? ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.