Police v CW [2012] NSWChC 16

Police v CW [2012] NSWChC 16

Section 41A of the Children (Criminal Proceedings) Act 1987 should be interpreted in the context of the Act's youth sentencing principles, so that good reasons to excuse breach of a suspended control order may include the young person's subjective circumstances, current rehabilitation and the practical consequence that revocation would mean actual detention without adult alternatives such as home detention or an Intensive Correction Order. CW's non-trivial breaches occurred during homelessness and likely psychosis, but his subsequent treatment, accommodation, education, work experience and professional support provided good reasons to excuse the breach, so no action was taken on the...

Jurisdiction
Australia
Judgment Date
18 October 2012
Procedural Posture
Criminal Sentencing Involving Alleged Breach of Suspended Control Order by a Young Person / Reasons for Decision on Action to Be Taken for Breach and Sentence for Fresh Matters
Outcome
No action taken on the breach of the suspended control orders; assault police matters referred to Youth Justice Conferencing; demand money and cannabis matters dealt with by probation for 12 months.
Legal Topics
['breach of Suspended Control Order' 'good Behaviour Bond' 'youth Justice Conference' 'young Person Sentencing Principles' 'rehabilitation' 'mental Health and Offending' 'control Orders']
['criminal Law' "children's Criminal Proceedings" 'sentencing'] ['breach of Suspended Control Order' 'good Behaviour Bond' 'youth Justice Conference' 'young Person Sentencing Principles' 'rehabilitation' 'mental Health and Offending' 'control Orders']

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Procedural Posture

Criminal Sentencing Involving Alleged Breach of Suspended Control Order by a Young Person / Reasons for Decision on Action to Be Taken for Breach and Sentence for Fresh Matters

Legal Issues

  1. 1 ['What are the appropriate statutory provisions to apply' 'What is the law with respect to adults and breaches of suspended sentences' 'Is there a difference between the provisions for children and adults' 'What is the test for children' 'Applying that test to this situation' 'The Young Offenders Act option']

Ratio Decidendi

Section 41A of the Children (Criminal Proceedings) Act 1987 should be interpreted in the context of the Act's youth sentencing principles, so that good reasons to excuse breach of a suspended control order may include the young person's subjective circumstances, current rehabilitation and the practical consequence that revocation would mean actual detention without adult alternatives such as home detention or an Intensive Correction Order. CW's non-trivial breaches occurred during homelessness and likely psychosis, but his subsequent treatment, accommodation, education, work experience and professional support provided good reasons to excuse the breach, so no action was taken on the...

Court Disposition

No action taken on the breach of the suspended control orders; assault police matters referred to Youth Justice Conferencing; demand money and cannabis matters dealt with by probation for 12 months.

Orders

  • ['The assault police matters are referred to Youth Justice Conferencing.' 'Should CW complete the conference and outcome plans then those matters will be dismissed.' 'CW is excused from attending on future occasions, unless otherwise advised, if legally represented.' 'Bail is dispensed with on the assault police...