RC v Director of Public Prosecutions [2016] NSWSC 665

Supreme Court New South Wales

Medium Neutral Citation: RC v Director of Public Prosecutions [2016] NSWSC 665 Hearing dates: 19 May 2016 Date of orders: 26 May 2016 Decision date: 26 May 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) Extend time to appeal to 14 December 2015;

(2) The sentence imposed on the young person by the Children's Court at Campbelltown on 14 September 2015 is set aside. In lieu thereof the young person is sentenced as follows:

(a) For the offences H 57849712 Sequences 5 to 13, H 58915826 Sequences 1 and 2, H 58712865 Sequence 1 and H 59456116 Sequence 4 the young person is sentenced to an aggregate sentence of a control order for 1 year and 10 months commencing 16 July 2015 and expiring 15 May 2017 with a non-parole period of 12 months expiring 15 July 2016;

(b) For the offences H 57849712 Sequences 1 to 4 direct the young person to enter into a good behaviour bond for a period of 2 years. In addition to the conditions imposed by s 33(1A) of the Children (Criminal Proceedings) Act 1987 (NSW) it is a condition of the bond that the young person accept the supervision of Juvenile Justice and the supervision of any other organisation or person directed by Juvenile Justice.

(3) The indicative sentences for the offences included in the aggregate sentence are as follows:

(a) For each of the offences H 57849712 Sequences 5 to 13 and H 58915826 Sequences 1 and 2 – one year;

(b) For the offence H 58712865 Sequence 1 – one year three months;

(c) For the offence H 59456116 Sequence 4 – three months. Catchwords: CRIMINAL LAW – sentence – appeal from Children's Court constituted by the President – multiple property offences – break enter and steal, break and enter with intent, aggravated break enter and steal – some offences committed whilst on parole and other conditional liberty – young person with intellectual and emotional deficits – Attention Deficit Hyperactivity Disorder – need for supervision – length of non-parole period Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Children's Court Act 1987 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: AI v R; R v SB and AI [2011] NSWCCA 95 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 KT v R [2008] NSWCCA 51; (2008) 182 A Crim R 571 Category: Principal judgment Parties: RC (Plaintiff) Director of Public Prosecutions (Defendant) Representation: Counsel: R Wilson (Plaintiff) C Shaw (Defendant)