R v CQD [2002] NSWSC 732

New South Wales Supreme Court

CITATION : R v CQD [2002] NSWSC 732 FILE NUMBER(S) : SC 70068/01 HEARING DATE(S) : 11/06/2002, 9/08/2002 JUDGMENT DATE : 23 August 2002

PARTIES : Crown CQD JUDGMENT OF : Hidden J at 1

COUNSEL : Mr B Smith - Crown Mr J Stratton - Offender SOLICITORS : SE O'Connor - Crown Brenda Duchen - Offender CATCHWORDS : CRIMINAL LAW: Sentence - detaining for advantage and concealing serious offence - offender a juvenile at the time. Crimes Act 1900 LEGISLATION CITED : Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 CASES CITED : R v Crofts (CCA, unreported, 10.3.95) R v Hearne (2001) 124 A Crim R 451 DECISION : See para 22.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HIDDEN J

Friday, 23 August, 2002

70068/01 – REGINA v CQD SENTENCE 1 HIS HONOUR: The offender has pleaded guilty to a charge of detaining for advantage (s 90A of the Crimes Act, since repealed) and concealing a serious offence (s 316(1) of the Act). He was sixteen years old at the relevant time and, in accordance with s 11(1) of the Children (Criminal Proceedings) Act 1987, I shall not name him. Almost everyone else involved in this affair, including the victim, was also a juvenile at the time and is entitled to the anonymity afforded by that provision. It is convenient to refer to all of them by their initials. 2 The first charge relates to the offender's limited participation in events which culminated in the murder of a young man, HHL, in the southwest of Sydney on 7 August 1996. The second charge arises from the offender's failure to say anything to the police about the murder until he was interviewed about it on 19 December 1996.