Regina v MHH [2001] NSWCCA 161

New South Wales Court of Criminal Appeal

CITATION : Regina v MHH [2001] NSWCCA 161 FILE NUMBER(S) : CCA 60481/00 HEARING DATE(S) : 18 April 2001 JUDGMENT DATE : 18 April 2001

PARTIES : Regina MHH JUDGMENT OF : Wood CJ at CL at 38; Sully J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0380 LOWER COURT JUDICIAL Davidson DCJ OFFICER :

COUNSEL : M. C. Marien - Crown L. Flannery - Applicant SOLICITORS : S. E. O'Connor - Crown D. J. Humphreys - Applicant

LEGISLATION CITED : Children (Criminal Proceedings) Act Regina v Henry (1999) 46 NSWLR 346 R v Sua (2000) NSWCCA 94 CASES CITED: Thompson and Houlton Gallagher Luan Nguyen DECISION : Leave to appeal granted; appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60481/00

WOOD CJ at CL SULLY J

18 April 2001

REGINA v MHH

JUDGMENT

1 SULLY J: On 13 July 2000 the present applicant, MHH, stood for sentence in the District Court at Sydney. Mr H had pleaded guilty to a charge of aggravated armed robbery, the date of that offence being laid at 18 January 2000. Such an offence contravenes s 97 of the Crimes Act and attracts upon conviction a statutory maximum penalty of imprisonment for twenty-five years. The sentence, in fact, passed upon Mr H was a sentence of imprisonment for three years with an accompanying non-parole period set at two years. There was an order that the whole of that sentence of imprisonment be served in a detention centre. 2 At the time of the offence Mr H was aged seventeen years and about nine months, that is to say he was technically a child for the purposes of the Children (Criminal Proceedings) Act. When he stood for sentence he was aged eighteen years and about three months. He is now aged a little more than eighteen years. 3 The relevant facts are set out conveniently at the commencement of the remarks on sentence and it is convenient to quote them for present purposes.