AE v THE QUEEN [2010] NSWCCA 203

New South Wales Court of Criminal Appeal

CITATION: AE v THE QUEEN [2010] NSWCCA 203

HEARING DATE(S): 25 August 2010

JUDGMENT DATE: 10 September 2010

JUDGMENT OF: Basten JA at 1; Hall J at 42; Latham J at 43

(1) Grant leave to the applicant to appeal against the sentence imposed on him in the District Court on 26 June 2009. DECISION: (2) Allow the appeal in part and set aside the non-parole period of three years and the balance of term of two years set by the sentencing judge. (3) In lieu thereof, set a non-parole period of two years six months commencing on 22 September 2008 and ending on 21 March 2011, with a balance of term of two years six months, commencing on 22 March 2011and ending on 21 September 2013. The direction that the custodial period be served in a juvenile institution as a juvenile offender stands. Accordingly, the first date upon which the applicant will become eligible for release on parole will be on 22 March 2011.

CATCHWORDS: CRIMINAL LAW – appeal – sentencing – application of sentencing principles under the Children (Criminal Proceedings) Act 1987 (NSW) s 6 – failure to refer to evidence of character witness in sentencing remarks - CRIMINAL LAW – appeal – sentencing – grounds for discrimination between co-offenders – consideration of the roles and circumstances of different parties - CRIMINAL LAW – sentencing – irrelevant considerations – taking into account the standard non–parole period which was inapplicable because of age of offender – Crimes (Sentencing Procedure) Act 1999 (NSW), s 54D(3) - CRIMINAL LAW – procedure – closed court – principle of open justice – discretion to direct that hearing proceed in open court – Children (Criminal Proceedings) Act 1987 (NSW), s 10.