R v HE R v SE [2012] NSWSC 1024

Supreme Court New South Wales

Medium Neutral Citation: R v HE R v SE [2012] NSWSC 1024 Hearing dates: 10 February, 6 July, 10 August 2012 Decision date: 30 August 2012 Before: Latham J Decision: HE Convicted of the offence of affray. Directed to enter a bond to be of good behaviour for a period of three years, to date from today, expiring 29 August 2015, pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999. SE Convicted of the offence of affray. Directed to enter a bond to be of good behaviour for a period of three years, to date from today, expiring 29 August 2015, pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999. Catchwords: CRIMINAL LAW - sentence - affray - juvenile offenders - dealt with according to law - discharge of loaded firearms as a feature of the affray - objectively a particularly serious example of affray - whether a victim impact statement should be received by the Court Legislation Cited: Crimes Act 1900 Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Stevens v R [2007] NSWCCA 152 Khanwaiz & Ors v R [2012] NSWCCA 168 R v Borkowski [2009] NSWCCA 102 Category: Sentence Parties: Regina - (Crown) HE - (Offender 1) SE - (Offender 2) Representation: Counsel P Barrett - (Crown) J Manuel SC - (Offender 1) S Grant - (Offender 2) Solicitors S Kavanagh - Solicitor of Public Prosecutions - (Crown) Emma Hearne - (Offender 1) Emma Hearne - (Offender 2) File Number(s): 2010/97161 2010/97311 Publication restriction: Prohibition on publication of the names of the offenders and any information capable of identifying them : Children (Criminal Proceedings) Act 1987