R v ES [2006] NSWDC 2

New South Wales District Court

CITATION: R v ES [2006] NSWDC 2

18/05/06 HEARING DATE(S): 02/06/06 23/06/06

JUDGMENT DATE: 23 June 2006

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment. I set a non-parole period of one year to date from today. The non parole period will expire on 22 June 2007 on which date the offender is to be released to parole. I set a total term of two years imprisonment and I make an order directing that the offender serve the whole of that sentence as a juvenile offender.

CATCHWORDS: Criminal Law - Maliciously Inflict Grievous Bodily Harm - Children - Sentence

PARTIES: Crown ES

FILE NUMBER(S): 06/11/0085

COUNSEL: Shane McAnulty (Offender)

SOLICITORS: NSW DPP Crichton-Brownes

SENTENCE 1 HIS HONOUR: On 24 August 2005 a sixteen year old boy by the name of BT was travelling home from school. During the school day there had been argument involving BT's sister. BT intervened to protect his sister. He was told by a number of boys of similar age to himself that he would be attacked after school. That is why, when he was confronted by a number of young people on the train, he was scared and armed himself with a pair of scissors. One can understand his apprehension. He was confronted by about eight boys of similar age to himself.

2 Whilst on the train he had received a cutthroat gesture from another person who mouthed the words, "you're dead". BT did not get off at his usual station which was Granville because he thought if he got off at Central he would be safer. He never got there.

3 The offender, ES, was one of a group of boys threatening BT. He was not a student at the school and was not involved in the initial altercation at the school. Nevertheless, he decided to join in, for reasons which are difficult to understand. One of the group punched BT to his face. The others then became involved, kicking and punching him while he attempted to protect himself.