Regina v A Young Offender [2007] NSWDC 336

Pending Appeal :

New South Wales District Court

CITATION: Regina v A Young Offender [2007] NSWDC 336 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 25 May 2007

JUDGMENT DATE: 1 June 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Overall head sentence of 8 years with an overall non-parole period of 4 years, 3 months and 7 days.

CATCHWORDS: Criminal law - Sentence - Juvenile offender - One serious children's indictable offence - Assault with intent to rob armed with an offensve weapon with wounding - Armed robbery (x2) - Offender on conditional liberty - Victim impact statements - Victim's fingers severed - Form 1 offences - Criminal antecedents of the offender - Offender drank alcohol to excess daily - Significant abandonment and grief issues - Remorse - Rehabilitation - Education in custody - Excellent behaviour and progress in custody - Middle of the range of objective seriousness - Standard non-parole period - Sentences of co-offenders - Offender to remain in juvenile detention - Special circumstances

ss 6, 19 Children (Criminal Proceedings) Act 1987 LEGISLATION CITED: ss 21A, 23(2), 32 Crimes (Sentencing Procedure) Act 1999 ss 97(1), 98 Crimes Act 1900

CASES CITED: Regina v Henry (1999) 46 NSWLR 346

PARTIES: Regina A Young Offender

FILE NUMBER(S): 06/21/3145

COUNSEL: Mr Gunning for the Young Offender

SOLICITORS: Mr Kotsis for the NSW DPP

JUDGMENT 1. The young offender has pleaded guilty to three very serious offences. One is assault with intent to rob armed with an offensive weapon with wounding. That is an offence contrary to s 98 of the Crimes Act 1900 and carries a maximum of twenty-five years imprisonment. The other two are both armed robberies with an offensive weapon contrary to s 97(1) of the Crimes Act and each of them carries a maximum of twenty years imprisonment. In respect of the s 98 armed robbery with wounding, that crime carries a standard non-parole period of seven years.