LD v R [2016] NSWCCA 217

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: LD v R [2016] NSWCCA 217 Hearing dates: 5 October 2016 Decision date: 05 October 2016 Before: Ward JA at [1]; Harrison J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal granted and appeal allowed. 2. Sentence imposed in the District Court on 6 November 2015 quashed. 3. Remit the matter to the Wagga Wagga District Court on 10 October 2016 for mention. Catchwords: CRIMINAL LAW – appeal against sentence – aggravated break, enter and commit serious indictable offence – where applicant was a child at the time of the offence – conceded failure of sentencing judge to apply provisions of the Children (Criminal Proceedings) Act 1987 – matter remitted Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) ss 3, 15A, 25 Crimes Act 1900 (NSW) ss 112(2), 112(3) Cases Cited: CTM v R (2007) 171 A Crim R 371; [2007] NSWCCA 131 DPN v R [2006] NSWCCA 301 R v CVH [2003] NSWCCA 237 Category: Principal judgment Parties: LD (Applicant) Regina (Respondent) Representation: Counsel: Ms A Cook (Applicant) Ms N Williams (Crown)

Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2014/114447 Decision under appeal Court or tribunal: District Court Date of Decision: 6 November 2015 Before: English DCJ File Number(s): 2014/114447