HJ v R [2014] NSWCCA 21

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: HJ v R [2014] NSWCCA 21 Hearing dates: 20/02/2014 Decision date: 28 February 2014 Before: Hoeben CJ at CL at [1] Garling J at [2] R S Hulme AJ at [101] Decision: (1) Application for leave granted. (2) Appeal allowed. (3) Order that the sentence imposed in the District Court (Murrell DCJ) on 27 August 2013 with respect to both offences be varied so as to provide that the non-parole period with respect to each count, be a period of 6 months commencing on 27 August 2013 and expiring on 26 February 2014. (4) Order that the applicant be forthwith admitted to parole upon condition that she is to report to the Juvenile Justice Service at Nowra within 96 hours of her release from custody, submit to their supervision and comply with all reasonable directions of the Service with respect to counselling and education including but not limited to anger management and alcohol-related issues. (5) In all other respects, the sentence is confirmed. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - whether Judge failed to give proper attention to the fact that the applicant was the mother of a very young baby - whether juvenile detention appropriate if offender has a very young baby - error found - applicant re-sentenced Legislation Cited: Children (Criminal Proceedings) Act 1987 Correctional Centres Act 1952 Crimes (Administration of Sentences) Act 1999 Crimes Act 1900 Crimes Act 1914 (Cth) Criminal Appeal Act 1912 Cases Cited: MS2 v R [2005] NSWCCA 397 R v Ceissman (2001) 119 A Crim R 535 R v Edwards (1996) 90 A Crim R 510 R v Hearne [2001] NSWCCA 37 R v SLR [2000] NSWCCA 436; (2000) 116 A Crim R 150 R v Togias [2001] NSWCCA 522; (2001) 127 A Crim R 23 R v XYJ (unreported, Court of Criminal Appeal, NSW, 15 June 1992) Texts Cited: United Nations Convention on the Rights of the Child 1989 Category: Principal judgment Parties: HJ (Applicant) The Crown (Respondent) Representation: Counsel: P Coady (A) V Lydiard (The Crown) Solicitors: Legal Aid NSW (A) Solicitor for Public Prosecutions (The Crown) File Number(s): 2012/303376 Publication restriction: Restriction of parties' names Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-08-27 00:00:00 Before: Murrell DCJ File Number(s): 2012/303376