R v DW (No 2) [2020] NSWDC 462

R v DW (No 2) [2020] NSWDC 462

The offender was 15 at the time of the offences, almost three decades had passed without further offending, he had demonstrated rehabilitation and exemplary good character, and the likelihood of committing another registrable offence was found to be less than negligible; accordingly, there was no risk to identifiable children or children in general and a declaration under s 3C(1) was warranted.

Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Criminal / Consequential Orders After Sentencing; Proceedings Reopened Under S 43 of the Crimes (sentencing Procedure) Act 1999 to Address Failure to Make a Required Order
Outcome
The offender is not to be treated as a registrable person for the purposes of the Child Protection (Offenders Registration) Act 2000 in respect of the offences for which he was convicted and sentenced on 11 May 2020.
Legal Topics
['historical Child Sex Offences' 'child Offender' 'community Correction Orders' 'registrable Person Declaration' 'reopening Proceedings to Correct Sentencing Errors' 'rehabilitation and Risk of Recidivism']
['criminal Law' 'sentencing' 'child Protection Offender Registration'] ['historical Child Sex Offences' 'child Offender' 'community Correction Orders' 'registrable Person Declaration' 'reopening Proceedings to Correct Sentencing Errors' 'rehabilitation and Risk of Recidivism']

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Procedural Posture

Criminal / Consequential Orders After Sentencing; Proceedings Reopened Under S 43 of the Crimes (sentencing Procedure) Act 1999 to Address Failure to Make a Required Order

Legal Issues

  1. 1 ['Whether the District Court had jurisdiction under s 43 of the Crimes (Sentencing Procedure) Act 1999 to reopen the sentencing proceedings to address the failure to make an order concerning registration.' 'Whether the offender should be declared under s 3C(1) of the Child Protection (Offenders Registration) Act 2000 not to be treated as a registrable person for the offences for which he was convicted and sentenced on 11 May 2020.']

Ratio Decidendi

The offender was 15 at the time of the offences, almost three decades had passed without further offending, he had demonstrated rehabilitation and exemplary good character, and the likelihood of committing another registrable offence was found to be less than negligible; accordingly, there was no risk to identifiable children or children in general and a declaration under s 3C(1) was warranted.

Court Disposition

The offender is not to be treated as a registrable person for the purposes of the Child Protection (Offenders Registration) Act 2000 in respect of the offences for which he was convicted and sentenced on 11 May 2020.

Orders

  • ['Pursuant to s 3C(1) of the Child Protection (Offenders Registration) Act 2000, the offender is not to be treated as a registrable person for the purposes of that Act in respect of the offences for which he was convicted and sentenced on 11 May 2020.']