R v PHL [1999] NSWSC 961

R v PHL [1999] NSWSC 961

Because the offender was thirteen at the time of the offence, had a very disturbed childhood, had already spent a little over twenty months in custody referable to the robbery, and had shown significant rehabilitative progress since release on bail, the custody already served was sufficient custodial punishment and the community interest was best served by rehabilitation under supervision through a two-year probation order.

Jurisdiction
Australia
Judgment Date
13 August 1999
Procedural Posture
Criminal Sentence for Robbery Involving a Juvenile / Remarks on Sentence After Guilty Plea to Alternative Charge of Robbery Accepted in Full Satisfaction of the Indictment
Outcome
Probation order made.
Legal Topics
['juvenile Offender' 'robbery' 'probation Order' 'children (criminal Proceedings) Act 1987 S33(1)(e)' 'rehabilitation']
['criminal Law' 'sentencing' 'juvenile Justice'] ['juvenile Offender' 'robbery' 'probation Order' 'children (criminal Proceedings) Act 1987 S33(1)(e)' 'rehabilitation']

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Procedural Posture

Criminal Sentence for Robbery Involving a Juvenile / Remarks on Sentence After Guilty Plea to Alternative Charge of Robbery Accepted in Full Satisfaction of the Indictment

Legal Issues

  1. 1 ['What sentence should be imposed on a juvenile offender who pleaded guilty to robbery after serving a little over twenty months in custody referable to the offence.' 'Whether the offender should be released on probation under s33(1)(e) of the Children (Criminal Proceedings) Act 1987 rather than sentenced under the Sentencing Act.']

Ratio Decidendi

Because the offender was thirteen at the time of the offence, had a very disturbed childhood, had already spent a little over twenty months in custody referable to the robbery, and had shown significant rehabilitative progress since release on bail, the custody already served was sufficient custodial punishment and the community interest was best served by rehabilitation under supervision through a two-year probation order.

Court Disposition

Probation order made.

Orders

  • ['The offender be released on probation for a period of two years.' 'The conditions of probation are that he accept the supervision and guidance of the Juvenile Justice Community Service, reside as directed by Juvenile Justice Community Service, and attempt to obtain and remain in employment.' 'In making the...