R v CK [2002] NSWSC 942

New South Wales Supreme Court

CITATION : R v CK [2002] NSWSC 942 CURRENT JURISDICTION: Common Law Division Criminal List FILE NUMBER(S) : SC 70087/01 HEARING DATE(S) : 20 May, 22 May, 3 July, 13 September 2002 JUDGMENT DATE : 11 October 2002

PARTIES : Regina v CK JUDGMENT OF : Studdert J

COUNSEL : E. Wilkins (Crown) M. Ramage QC (Prisoner) SOLICITORS : Office of the Director of Public Prosecutions (Crown) Andrews Solicitors (Prisoner) Children (Criminal Proceedings) Act LEGISLATION CITED : Crimes (Sentencing Procedure) Act Children (Criminal Proceedings) Amendment (Adult Detainees) Act R v Thomson (2000) 49 NSWLR 383 The Queen v Edwards (1996) 90 A Crim R 510 R v Howard & Ors (1992) 29 NSWLR 242 CASES CITED : R v GDP (1991) 53 A Crim R 112 R v Kama (2000) 110 A Crim R 47 R v Pham (1991) 55 A Crim R 128 R v Tran [1999] NSWCCA 109 R v MacDonald (unreported) NSWCCA, 12 December 1995 DECISION : See paras 36-38.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

STUDDERT J

Friday 11 October 2002

70087/01 REGINA v C.K.

SENTENCE 1 HIS HONOUR: On 22 May 2002 CK pleaded guilty to manslaughter upon the presentation of an indictment charging him with the commission of that offence on 16 April 2000. The crime was committed when CK was only sixteen years old. The victim of the crime was only seventeen years old. CK was then a school student in year 11; the deceased had left school and was employed as a storeman. 2 After CK's plea the matter was stood over to 3 July 2002 for evidence and submissions on sentence. Unfortunately, the presentence report available on that date did not meet the requirements of s 25 of the Children's (Criminal Proceedings) Act and it became necessary on 3 July 2002 after receiving some brief evidence to adjourn the hearing on sentence until 13 September 2002. On the latter date the evidence on sentence was completed and I heard the submissions of counsel before adjourning the proceedings until today for the purpose of passing sentence. 3 At the outset I propose to address the objective facts concerning the commission of this crime. The deceased sustained the injuries that caused his death when he was driving his car in Eucumbene Drive, Woodcroft on the evening of Friday 14 April 2000. The deceased was injured when CK threw a metal bar at the deceased's car as it passed by the place where CK was standing and the bar penetrated the deceased's skull. 4 The Court was presented with a statement of facts (Exhibit A), which was not challenged. That statement is lengthy but I consider it important that it be fully incorporated in these remarks on sentence, save for the omission of the names of those mentioned in the statement and for the omission of the name of the school CK was attending. This statement of facts records that, regrettably, there was tension between a group of youths of Australian background and a group of youths from a different background. CK found himself in the latter group, although he was actually born in Australia of Korean parents. The statement gives an account of disturbing happenings involving many youths. That statement concludes with an account of the criminal act for which CK is now to be punished and an account of its consequences. The consequences of that act committed by CK can only be described as tragic, as involving the loss of a life, and the loss experienced by the family of the deceased. The consequences are also tragic for CK and his family. The statement, Exhibit A, records: "On 14 April 2000 in the early evening, [CK] spoke to a friend of his [KB] at the Blacktown Railway Station. [CK] and [KB] had known each other at school when both attended [school] at Marayong. [CK] told [KB] that a number of boys were going to McDonalds at Woodcroft (a suburb near Blacktown) to celebrate the sixteenth birthday of [MS].