R v HE R v SE [2012] NSWSC 1024

R v HE R v SE [2012] NSWSC 1024

Although HE and SE were juvenile first offenders with promising rehabilitation prospects and relatively limited individual roles, the affray was objectively a particularly serious breach of public order because it involved a premeditated assembly of young men in a public car park, weapons, actual violence and the discharge of loaded firearms. The offenders were not to be punished for Mr Knight's manslaughter, but the discharge of firearms was relevant to the objective gravity of the affray. Mr Knight was not a primary victim of the affray and his daughter's victim impact statement was not receivable for sentencing these offenders. Taking account of youth, maturity, absence of prior...

Jurisdiction
Australia
Judgment Date
30 August 2012
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty to Affray
Outcome
HE and SE were each convicted of affray and directed to enter a good behaviour bond for three years pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['affray' 'juvenile Offenders' 'dealt With According to Law' 'victim Impact Statement' 'objective Seriousness' 'general Deterrence' 'remorse' 'plea of Guilty']
['criminal Law' 'sentencing' 'juvenile Justice'] ['affray' 'juvenile Offenders' 'dealt With According to Law' 'victim Impact Statement' 'objective Seriousness' 'general Deterrence' 'remorse' 'plea of Guilty']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty to Affray

Legal Issues

  1. 1 ['Whether the offenders should be dealt with according to law or pursuant to Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987.' 'How the objective seriousness of the affray should be assessed where loaded firearms were discharged during the affray and an innocent bystander was killed.' "Whether a victim impact statement from Mr Knight's daughter should be received by the Court for the purposes of sentencing the offenders for affray." "What sentence should be imposed having regard to the offenders' youth, roles, pleas of guilty, absence of prior criminal history, time on remand, strict bail conditions, remorse and prospects of rehabilitation."]

Ratio Decidendi

Although HE and SE were juvenile first offenders with promising rehabilitation prospects and relatively limited individual roles, the affray was objectively a particularly serious breach of public order because it involved a premeditated assembly of young men in a public car park, weapons, actual violence and the discharge of loaded firearms. The offenders were not to be punished for Mr Knight's manslaughter, but the discharge of firearms was relevant to the objective gravity of the affray. Mr Knight was not a primary victim of the affray and his daughter's victim impact statement was not receivable for sentencing these offenders. Taking account of youth, maturity, absence of prior...

Court Disposition

HE and SE were each convicted of affray and directed to enter a good behaviour bond for three years pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['HE is convicted of the offence of affray and directed to enter a bond to be of good behaviour for a period of three years, to date from 30 August 2012, expiring 29 August 2015, pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999.' 'HE must appear before the court if called on to do so at any time during...