R v ST [2018] NSWDC 22

District Court New South Wales

Medium Neutral Citation: R v ST [2018] NSWDC 22 Hearing dates: 12 February 2018 Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 ST is convicted of each count. 2 ST is remitted to the Children's Court for the purpose of imposing penalties for the offences. 3 ST is remanded in custody to the Children's Court at Surry Hills on 19 February 2018 4 I would recommend that consideration be given to referring ST to the Youth Koori Court Catchwords: CRIME – plea of guilty – be carried in stolen conveyance – steal motor vehicle – aggravated break and enter SENTENCE – Form 1 matters – appropriate forum of sentencing – appropriate penalty – background of offender – mitigating circumstances PROCEDURAL – remittance of matter to Children's Court – appropriate course Legislation Cited: Crimes Act 1900 ss.112(2), 154A(1)(b), 154F, Children (Criminal Proceedings) Act 1987 ss. 6, 18(1A), 20, 21, 31(5)(c) Category: Principal judgment Parties: Regina (The Crown) ST (Offender) Representation: Counsel: Ms G Lewer (Offender)

Solicitors: C Hyland, Solicitor for Public Prosecutions (The Crown) Aboriginal Legal Service (Offender) File Number(s): 2016/00274243; 2017/00138780 Publication restriction: None

sentence 1. ST appears for sentence after pleading guilty in the Children's Court to: 1. 2 counts of being carried in a conveyance without the consent of the owner contrary to section 154A(1)(b) Crimes Act 1900; 2. 6 counts of attempt to steal a motor vehicle contrary to section 154F Crimes Act 1900; 3. 1 count of count of aggravated break and enter with intent to commit a serious indictable offence of larceny contrary to section 112(2) Crimes Act 1900; 4. 1 count of count of attempt aggravated break and enter with intent to commit a serious indictable offence of larceny contrary to section 112(2) Crimes Act 1900; and 5. 2 counts of steal motor vehicle contrary to section 154F Crimes Act 1900. 1. The maximum penalty for the section 154A offences is 5 years imprisonment, for the section 112 offences is 20 years imprisonment and for the remaining offences is 10 years imprisonment. 2. ST also asks the Court to take into account a further 3 counts of attempt steal motor vehicle and one count of steal motor vehicle on a Form 1. 3. ST seeks an order pursuant to section 20 Children (Criminal Proceedings) Act 1987 (the CCP Act) remitting him back to the Children's Court so as to enable the Children's Court to impose a penalty with respect to the offences.