Colbalt v R [2012] NSWDC 305

District Court New South Wales

Medium Neutral Citation: Colbalt v R [2012] NSWDC 305 Hearing dates: 26, 30 October and 2, 13 November 2012 Decision date: 26 October 2012 Before: Cogswell SC DCJ Decision: 1. Leave granted to withdraw appeals from probation orders and the bond. 2. Sentence appeals upheld (on 13 November 2012). Catchwords: CRIMINAL LAW - Appeal against sentences - particular offences - larceny, assault police, intimidate police - young girl engaged in spree of uncontrolled behaviour - no prior criminality - diagnosed mental disorders - favourable Juvenile Justice report - compliant with Juvenile Justice supervision - succeeding at distance education - appeals allowed - suspended control order substituted with probation order, fine set aside. Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 20, 67(1). Children (Criminal Proceedings) Act 1987 (NSW), ss 33(1)(b), 33(1)(e), 33(1B). Category: Principal judgment Parties: Brook Cobalt (Appellant) Regina (Respondent) Representation: Solicitor: Aboriginal Legal Service NSW/ACT (Appellant) Office of Director of Public Prosecutions (Respondent) File Number(s): DC 2012/00062786; 2012/00049394; 2012/00052461; 2012/00062774. Publication restriction: * Pseudonyms have been used in this judgment

Pursuant to s15A Children (Criminal Proceedings) Act 1987, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child offender. Identifying information has been removed from this version of the judgment to comply with the statute and, in some cases, replaced with pseudonyms.