NSW Caselaw
Children's Court New South Wales
Medium Neutral Citation: Police v CW [2012] NSWChC 16 Decision date: 18 October 2012 Jurisdiction: Criminal Before: Magistrate Heilpern Decision: No action on breach of suspended control order Catchwords: CRIMINAL LAW - young person - action to be taken on breach of suspended control order - consideration of 'good reasons' for excusing breach of good behaviour bond - wide interpretation required - relevance of young person's subjective circumstances - statutory principles relevant to young persons - penalty imposed on a young person for an offence to be no greater than penalty imposed on an adult for an offence of the same kind - no option other than imprisonment for young person where bond revoked following breach, due to unavailability of Intensive Correction Order and Home Detention Legislation Cited: Bail Act 1978 Crimes (Sentencing Procedure) Act 1999 Children (Criminal Proceedings) Act 1987 Mental Health (Forensic Provisions) Act 1990 Young Offenders Act 1997 Cases Cited: DPP v Cooke and Anor [2007] NSWCA 2 DPP v Nouata [2009] NSWSC 72 KT v R [2008] NSWCCA 51 R v AEM Snr; KEM; MM [2002] NSWCCA 58 R v Cooke; Cooke v R [2007] NSWCCA 184 R v Jonathon Michelin [2008] NSWDC 204 R v King [2004] NSWCCA 444 R v Zamagias [2002] NSWCCA 17 Category: Sentence Parties: CW (the young person) Police Representation: Ms Barker (for the defence) Ms Kennedy (for the prosecution) File Number(s): 2011/197688 2011/204591 2012/139089 2012/175164 2012/175441
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