SS v R; JC v R [2009] NSWCCA 114

New South Wales Court of Criminal Appeal

CITATION: SS v R; JC v R [2009] NSWCCA 114

HEARING DATE(S): 12 December 2008

JUDGMENT DATE: 23 April 2009

JUDGMENT OF: Tobias JA at 1; James J at 2; Price J at 3

DECISION: In the matter of SS v R (1) Leave to appeal be granted. (2) Quash the sentences imposed in the District Court on 27 July 2007 in respect of charges 4 and 5 being offences of robbery with wounding contrary to s 98(1) of the Crimes Act. (3) The applicant SS in respect of charge 4 is convicted and sentenced to imprisonment consisting of a non-parole period of 3 years 8 months commencing on 28 December 2005 and expiring on 27 August 2009 with a balance of term of 2 years 4 months commencing on 28 August 2009 and expiring on 27 December 2011. (4) The applicant SS in respect of charge 5 (including the offences on the Form 1) is convicted and sentenced to imprisonment consisting of a non-parole period of 3 years 8 months commencing on 28 December 2006 and expiring on 27 August 2010 with a balance of term of 2 years 4 months commencing on 28 August 2010 and expiring on 27 December 2012. (5) The sentences imposed in the District Court on 27 July 2007 in respect of charges 1, 2 and 3 are confirmed. (6) Confirm the Judge's order that the whole of the sentences be served as a juvenile offender. The earliest date on which the applicant SS will be eligible for release to parole is 27 August 2010. In the matter of JC v R (1) Leave to appeal be granted. (2) Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - SENTENCING - juvenile co-offenders - parity - principle of totality - special circumstances - relevance of principles applicable in the sentencing of children - consideration of difference in chronological ages of co-offenders - duress - whether offence planned - drug addiction as a matter of mitigation