Regina v AN [2005] NSWCCA 239

New South Wales Court of Criminal Appeal

Regina v AN [2005] NSWCCA 239 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 14/06/2005

JUDGMENT DATE: 6 July 2005

JUDGMENT OF: James J at 1; Howie J at 2; Rothman J at 69

DECISION: Application for leave to appeal is allowed and the limiting terms imposed by Judge McGuire are quashed. In lieu the following limiting terms are imposed: (a) In respect of the offence under s 90A, a limiting term of 3 years (b) In respect of the offence under s 61J, a limiting term of 4 years 6 months. Both limiting terms are to date from 29 April 2004.

CATCHWORDS: Mental Health - Imposition of limiting term on juvenile offender with severe mental impairment - approach to sentencing a person who was a young child at the time of the offence - whether general deterrence warranted - long delay since offence - term imposed is manifestly excessive.

Mental Health (Criminal Procedure) Act 1990 - s 16(1), 22(1), 23 Criminal Appeal Act 1912 - ss 2, 5(1)(c) LEGISLATION CITED: Crimes Act 1900 - ss 61J, 90A Crimes (Sentencing Procedure) Act 1999 - s 21A(2) Children (Criminal Proceedings) Act 1987 (NSW)

R v Engert (1995) 84 A Crim R 67 R v Mitchell (1999) 108 A Crim R 73 R v Mailes [2004] NSWCCA 394 R v Letteri (NSWCCA, unreported, 18 March 1992) R v Israil (2002) NSWCCA 225 R v Henry (1999) 46 NSWLR 346 CASES CITED: R v Bus (CCA, unreported, 3/11/1995) R v Wright (1997) 93 A Crim R 48 R v Pham and Lye (1991) 55 A Crim R 129 R v WKR (1993) 32 NSWLR 447 R v AEM [2002] NSWCCA 58 R v AD [2005] NSWCCA 258