Regina v JJH (a young person) [2007] NSWDC 368

New South Wales District Court

CITATION: Regina v JJH (a young person) [2007] NSWDC 368

JUDGMENT DATE: 7 December 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Appeal allowed. Control Order of 1 year and 9 months with a non-parole period of 1 year. Supervised parole.

CATCHWORDS: Criminal law - Sentence appeal - Juvenile offender - Armed robbery (2) - Extensive and serious criminal record - Offences committed whilst on parole - Offender born to a 13 year old drug addict - Offender began using drugs aged 11 - Both parents now in custody - Need for rehabilitation

s33(1)(g) Children (Criminal Proceedings) Act 1987 LEGISLATION CITED: s20(2)(a) Crimes (Appeal and Review) Act 2001 Children (Detention Centres) Act 1987 ss 50, 51 Crimes (Sentencing Procedure) Act 1999

PARTIES: Regina JJH (a young person)

FILE NUMBER(S): 07/22/0573

COUNSEL: Ms Clifford for the young person

SOLICITORS: Ms Fitzpatrick and Ms Tabone for the NSW DPP

JUDGMENT

1. This is an appeal by JJH. JJH was born on 30 July 1990, so that he turned seventeen this year. He is appealing against two sentences imposed upon him by the Children's Court. The sentences were imposed for two offences of armed robbery with an offensive weapon. These are offences against s 97 of the Crimes Act 1900 . In each case the magistrate imposed a control order under s 33(1)(g) of the Children (Criminal Proceedings) Act 1987 of twenty-one months comprising a minimum term, so to speak, of fifteen months and an additional term, so to speak, of six months. Both sentences dated from 31 October 2007 and therefore ran together.