Police v JM [2011] NSWChC 1

Children's Court New South Wales

Medium Neutral Citation: Police v JM [2011] NSWChC 1 Hearing dates: 10 & 21/06/2011 Decision date: 28 June 2011 Jurisdiction: Criminal Before: Magistrate Lerve Decision: Papers 2010/00357156: In respect of the Charge of Aggravated Break Enter and Steal taking into account the 10 maters on the Form 1 Schedule: The young person is convicted. The young person is sentenced to the Control of the Minister for a non-parole period of 14 months to commence on 27 October 2010 and to expire on 26 December 2011. Thereafter I specify a balance of term of 10 months to commence on 27 December 2011 26 October 2012. Parole is to be supervised by the Probation and Parole Service and conditioned inter alia that he obey all reasonable directions as to ongoing treatment and counselling for alcohol abuse, such directions to include but not limited to the entry into and remaining within a full time residential rehabilitation facility until such time that the appropriate course of treatment is completed. Papers 2010/00322681: On each matter: The young person is convicted. The young person is sentenced to the Control of the Minister for a fixed term of 1 month to commence on 27 October 2010 and to expire on 26 November 2010. Papers 2010/00357141: The young person is convicted. The young person is sentenced to the Control of the Minister for a fixed term of 2 months to commence on 27 October 2010 and to expire on 26 December 2010. Catchwords: CRIMINAL LAW - sentence - young person - serious and multiple offences - offences committed while on parole - young person almost 18 and a repeat offender - emphasis given to rehabilitation rather than general deterrence and retribution should be moderated - "wholly inappropriate" to deal with young person other than by imposing control order Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999, No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Cahyadi v R [2007] NSWCCA 1 France v R [2010] NSWCCA 24 HMP v R [2010] NSWCCA 63 KT v R [2008] NSWCCA 51 R v AD [2008] NSWCCA 289 R v Harris [2007] NSWCCA 130 R v Merrin [2007] NSWCCA 255 R v Thompson & Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Police JM (young person in custody) Representation: Sgt G Wedge, Police Prosecutor Mr T Hemsley, for young person in custody File Number(s): 2010/00357156 2010/00322681 2010/00357141