SB v R [2015] NSWCCA 31

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SB v R [2015] NSWCCA 31 Hearing dates: 20 February 2015 Decision date: 09 March 2015 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Davies J at [70] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal – appeal against sentence –take and detain child – reckless wounding – where offender under 18 at time of offences – where offender suffers from mild intellectual disability – offender dealt with according to law - proper regard had to offender's mental condition – sentence not manifestly excessive – no error in reference to standard non-parole period Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Category: Principal judgment Parties: SB (Applicant) Regina (Respondent) Representation: Counsel: Mr D Barrow (Applicant) Ms N Williams (Crown) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2013/154394 Decision under appeal Court or tribunal: District Court Date of Decision: 21 February 2014 Before: Wells SC DCJ File Number(s): 2013/154394