Regina v LBK [2001] NSWCCA 248

New South Wales Court of Criminal Appeal

CITATION : Regina v LBK [2001] NSWCCA 248 revised - 4/07/2001 FILE NUMBER(S) : CCA 60704/99 HEARING DATE(S) : 18 June 2001 JUDGMENT DATE : 18 June 2001

PARTIES : Regina v LBK JUDGMENT OF : Simpson J at 46; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/0355 LOWER COURT JUDICIAL Shadbolt DCJ OFFICER :

COUNSEL : (A) R Burgess (C) M C Grogan SOLICITORS : (A) D J Humphreys (c) S E O'Connor CATCHWORDS : Sentencing - reception of fresh evidence which could affect the result - applicant an infant with no family or guardian support - very serious break enter and steal in circumstances of special aggravation - appropriate sentence for a 16 year old CASES CITED: R v Smith (1987) 445 SASR 487 Regina v Goodwin (1900) 51 ACR 328 DECISION : Leave to appeal granted - appeal as to terms of sentence dismissed - whole of the time the applicant is required to spend in custody should be spent in Juvenile Detention Centre. Non-publication order

IN THE COURT OF CRIMINAL APPEAL

60704/99 SIMPSON J SMART AJ Monday 18 June 2001

NON PUBLICATION ORDER

R v LBK JUDGMENT

1 SMART AJ : The applicant is a juvenile. Accordingly this Court should make an order that he be known as LBK, and that nothing be published which would disclose or tend to disclose his identity.

2 He seeks leave to appeal against the severity of a sentence imposed upon him in the District Court comprising a minimum term of three years and an additional term of three years in respect of an offence of on 29 May 1999 breaking entering and stealing in circumstances of special aggravation namely, inflicting grievous bodily harm on the victim, the owner of the home invaded.