R v Hoschke [2001] NSWCCA 317

New South Wales Court of Criminal Appeal

CITATION : R v Hoschke [2001] NSWCCA 317 FILE NUMBER(S) : CCA 60154/00 HEARING DATE(S) : 21/8/01 JUDGMENT DATE : 21 August 2001

PARTIES : Regina Andrew Peter Hoschke JUDGMENT OF : Beazley JA at 1,37,39; Wood CJ at CL at 38; Carruthers AJ at 2

LOWER COURT JURISDICTION : Local Court LOWER COURT FILE NUMBER(S) : 00/11/0808 LOWER COURT JUDICIAL Shadbolt DCJ OFFICER :

R D Cogswell SC (Crown) COUNSEL : B Baker (Crown) J Fliece (Respondent) SOLICITORS : S E O'Connor (Crown) Ross Hill and Associates (Respondent) CATCHWORDS : Sentencing - Crown appeal - alleged inadequacy of sentence - young offender - robbery in company - sentencing judge finds respondent half as culpable as co-offender - whether exceptional cricumstances within the meaning of Henry's Case. Children (Criminal Proceedings) Act 1987 Children (Detention Centres) Act 1987 LEGISLATION CITED : Crimes Act 1900 Criminal Appeal Act 1912 Justices Act 1902 Regina v Blackman and Waters [2001] NSWCCA 121 CASES CITED: Regina v Govinden (1999) 106 A Crim R 314. Regina v Henry (1999) 46 NSWLR 346 DECISION : 1. Appeal Allowed;; 2. Sentence of Shadbolt DCJ set aside;; 3. Re-sentence: imprisonment for 2 years and 9 months, to begin 24 February 2001 and to expire 23 November 2003.; 4. Non Parole period of 16 months, to begin 24 February 2001 and to expire 23 June 2002.; 5. Prisoner to serve this sentence in a Juvenile Detention Centre, in accordance with s 19 Children (Criminal Proceedings) Act 1987.; Recommendation: That the Minister give consideration to making an order under s 10 of the Children (Detention Centres) Act 1987, for the transfer of the prisoner from the present place of custody to a Juvenile Detention Centre for the duration of the sentence imposed on 24 May 2001 at Windsor Local Court.