Jacob PLUM v R (No 2) [2016] NSWDC 163

District Court New South Wales

Medium Neutral Citation: Jacob PLUM v R (No 2) [2016] NSWDC 163 Hearing dates: 20 & 26 November 2015 Date of orders: 22 January 2016 Decision date: 22 January 2016 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: 1. The appeal is upheld. 2. The young person, Mr Jacob Plum, is found guilty and sentenced to be detained for 12 months to commence on 31 October 2015 and expiring on 30 October 2016 with a non-parole period of 2 months, 3 weeks, 2 days. The offender is first eligible for parole on 22 January 2016.The offender is to be released to supervised parole when the non-parole period expires. The relevant agency for the purposes of supervision is Orange Juvenile Justice Office. 3. Upon release on Parole the offender is subject to the following conditions : a. To be of good behaviour; b. That he lives with his mother in [address]; c. To notify the Registrar of Orange District Court of any change; d. That he accept supervision by the Juvenile Justice Service and accept all reasonable recommendations and directions of any officer of that service. 4. This sentence is concurrent with other sentences being served by the offender. 5. Order that Mr Jacob Plum be released to parole today. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – juvenile offender aged 15 – destroy or damage property – aggravated break and enter in company – offender diagnosed with ADHD – improvement in attitude towards schooling – positive report from Juvenile Justice – appeal upheld – non-parole period varied – immediate release on parole – offender to reside in Orange Legislation Cited: Crimes (Appeal and Review) Act 2001 Category: Principal judgment Parties: Mr Jacob Plum (Appellant) Regina (Respondent) Representation: Solicitors: Ms Hubbard (for Director of Public Prosecutions (NSW)) Ms R Pettet (for Appellant) File Number(s): 2015/14396; 2015/95785; 2014/79046; 2014/6825 Publication restriction: 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 remarks to comply with the statute and the offender's name has been replaced with a pseudonym (which is a colour). Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 31 October 2015 File Number(s): 2015/14396; 2015/95785; 2014/79046; 2014/6825