Police v JS [2006] NSWLC 43

Police v JS [2006] NSWLC 43

The offender's aggravated break and enter involving deliberately lighting fuel and causing very substantial damage, together with further break and enter offending and a public justice offence of threatening a witness, committed while on conditional liberty and shortly after Community Service Orders, made non-custodial dispositions wholly inappropriate. Rehabilitation remained relevant because of the offender's youth, but did not override punishment, deterrence, protection of the community, the need to reflect total criminality, and the need for partial cumulation. Special circumstances justified varying the non-parole period balance because of youth, first custody and need for...

Jurisdiction
Australia
Judgment Date
21 November 2006
Procedural Posture
Children's Court Criminal Sentencing / Remarks on Sentence After Late Guilty Pleas and Breach of Community Service Orders
Outcome
Community Service Orders were revoked; the offender was convicted on the fresh matters and sentenced to Control Orders, including a non-parole period and balance of term for aggravated break and enter; one back-up charge was withdrawn and dismissed; all sentences were directed to be served in a Juvenile Justice...
Legal Topics
['juvenile Offenders' 'aggravated Break, Enter and Commit Serious Indictable Offence' 'malicious Damage by Fire' 'attempt Larceny of Motor Vehicle' 'break Enter and Steal' 'threaten Witness' 'conditional Liberty' 'control Orders' 'cumulation and Totality' 'late Guilty Plea']
['criminal Law' 'sentencing' "children's Criminal Proceedings"] ['juvenile Offenders' 'aggravated Break, Enter and Commit Serious Indictable Offence' 'malicious Damage by Fire' 'attempt Larceny of Motor Vehicle' 'break Enter and Steal' 'threaten Witness' 'conditional Liberty' 'control Orders' 'cumulation and Totality' 'late Guilty Plea']

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Procedural Posture

Children's Court Criminal Sentencing / Remarks on Sentence After Late Guilty Pleas and Breach of Community Service Orders

Legal Issues

  1. 1 ['What discount should be allowed for late guilty pleas entered after not guilty pleas had been confirmed and hearing dates set.' 'Whether it would be wholly inappropriate to deal with the offender otherwise than by Control Orders under s. 33(1)(g) of the Children (Criminal Proceedings) Act 1987.' 'How the seriousness of the aggravated break and enter involving deliberate fire damage, the break enter and steal, and the threaten witness offence should be assessed.' "What effect should be given to the offender's age, prospects of rehabilitation, remorse, alcohol abuse, family circumstances and first time in custody." 'How sentences should be structured having regard to conditional liberty, revoked Community Service Orders, parity, cumulation and totality.' 'Whether special circumstances justified variation of the statutory ratio between the non-parole period and balance of term.']

Ratio Decidendi

The offender's aggravated break and enter involving deliberately lighting fuel and causing very substantial damage, together with further break and enter offending and a public justice offence of threatening a witness, committed while on conditional liberty and shortly after Community Service Orders, made non-custodial dispositions wholly inappropriate. Rehabilitation remained relevant because of the offender's youth, but did not override punishment, deterrence, protection of the community, the need to reflect total criminality, and the need for partial cumulation. Special circumstances justified varying the non-parole period balance because of youth, first custody and need for...

Court Disposition

Community Service Orders were revoked; the offender was convicted on the fresh matters and sentenced to Control Orders, including a non-parole period and balance of term for aggravated break and enter; one back-up charge was withdrawn and dismissed; all sentences were directed to be served in a Juvenile Justice...

Orders

  • ['In each of the three matters from 12 July 2006, the Community Service Order is revoked.' 'For Take and Drive Conveyance, the offender is sentenced to the Control of the Minister for a fixed term of three months commencing 25 July 2006 and expiring 24 October 2006.' 'For Possess Offensive Implement and Larceny, on...