Police v OWP [2008] NSWLC 8

Local Court of New South Wales

CITATION: Police v OWP [2008] NSWLC 8

JURISDICTION: Children's Court

PARTIES: Police OWP

FILE NUMBER:

PLACE OF HEARING: Wagga Wagga

DATE OF DECISION: 05/19/2008

MAGISTRATE: Magistrate G Lerve

CATCHWORDS: Sentence – juvenile offender – malicious damage by fire to school – substantial damage – full time custodial sentence called for

LEGISLATION CITED: Children (Criminal Proceedings) Act 1987 Crimes Act 1900

R –v- AN [2005] NSWCCA 239 R –v- Barlow [2008] NSWCCA 96 R –v- Dodd (1991) 57 A Crim R 349 R –v- KT [2008] NSWCCA 51 CASES CITED: R –v- Leese [2007] NSWCCA 108 R –v- LNT [2005] NSWCCA 307 R –v- Mazur (2000) 113 A Crim R 67 R –V- MSS [2005] NSWCCA 227 R –v- WKR (1993) 32 NSWLR 447 R –v- Zamagias [2002] NSWCCA 17

TEXTS CITED:

REPRESENTATION: S/Sgt. S. Turner, Police Prosecutor Mr. J. Barnett of Counsel for and with young offender

ORDERS:

Remarks on Sentence

1. This matter came before me on 15 April 2008 when I was sitting at Wagga Wagga hearing another matter and I offered assistance. Counsel for the offender and the prosecutor made submissions on that date. The matter was adjourned to 19 May 2008 to suit the availability of Counsel.

2. The young person stands charged for that: "(He) on 27 January 2008 at Wagga Wagga in the State of New South Wales, did break and enter the school of St. Joseph's Primary School of the Catholic Diocese of Wagga Wagga, situate at the corner of Johnston and Tarcutta Streets, then did commit a serious indictable offence, (namely) malicious damage by fire, contrary to s. 112(1) of the Crimes Act 1900.