R v DN [2019] NSWDC 536

R v DN [2019] NSWDC 536

Given the offender’s age at the time (12), the opportunistic and unplanned nature of the offending, his psychological immaturity, demonstrated remorse, absence of criminal history, substantial steps towards rehabilitation, and strong prospects for continued positive adjustment, a non-custodial disposition in the form of a three-year community corrections order with supervision and ongoing therapy is appropriate; considerations of retribution and deterrence are outweighed by the need for rehabilitation in sentencing juveniles in these circumstances.

Parties
Crown: Regina; Offender: DN
Jurisdiction
Australia
Judgment Date
19 July 2019
Procedural Posture
Criminal / Sentence
Outcome
Community corrections order for three years; no conviction recorded; declaration as non-registrable person under Child Protection (Offenders Registration) Act 2000.
Legal Topics
Child Sex Offences, Sentencing of Juvenile Offenders, Community Corrections Order, Guilty Plea Discounts, Rehabilitation, Non Registration Under Child Protection (offenders Registration) Act 2000
Criminal Law Youth Justice Child Sex Offences Sentencing of Juvenile Offenders Community Corrections Order Guilty Plea Discounts Rehabilitation Non Registration Under Child Protection (offenders Registration) Act 2000

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Parties

Regina

Crown

DN

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for juvenile convicted of multiple counts of sexual intercourse with children under 10
  2. 2 Application of sentencing principles specific to child offenders
  3. 3 Consideration of rehabilitation, deterrence, and retribution for juvenile offenders

Ratio Decidendi

Given the offender’s age at the time (12), the opportunistic and unplanned nature of the offending, his psychological immaturity, demonstrated remorse, absence of criminal history, substantial steps towards rehabilitation, and strong prospects for continued positive adjustment, a non-custodial disposition in the form of a three-year community corrections order with supervision and ongoing therapy is appropriate; considerations of retribution and deterrence are outweighed by the need for rehabilitation in sentencing juveniles in these circumstances.

Court Disposition

Community corrections order for three years; no conviction recorded; declaration as non-registrable person under Child Protection (Offenders Registration) Act 2000.

Orders

  • The young person must not commit any offence.
  • The young person must appear before a Court if called upon.