R v CS [2013] NSWDC 142

R v CS [2013] NSWDC 142

Taking into account the objective seriousness of two aggravated offences under s 154C(2), the actual and threatened use of a knife and the vulnerability of the taxi driver, but also the young person's age, mild to moderate intellectual disability, delay not attributable to him, 74 days already spent in custody, absence of reoffending for about two years, remorse and progress in rehabilitation, the Court held that imprisonment would have been imposed in a normal trial and nominated limiting terms of 12 months and 18 months. The terms were backdated to 3 June 2013 and the young person was referred to the Mental Health Review Tribunal, but no interim custody order was made because of his...

Jurisdiction
Australia
Judgment Date
15 August 2013
Procedural Posture
Special Hearing; Orders Under S 23 of the Mental Health (forensic Provisions) Act 1990 / After Findings Under S 22 That, on the Limited Evidence Available, the Young Person Committed Two Offences Charged Under S 154 C(2) of the Crimes Act 1900
Outcome
Limiting terms imposed; young person referred to the Mental Health Review Tribunal and continued on bail until further order.
Legal Topics
['limiting Terms' 'special Hearing' 'fitness to Be Tried' 'aggravated Taking and Driving a Conveyance' 'young Offender' 'intellectual Disability' 'delay' 'general Deterrence' 'rehabilitation']
['criminal Law' 'sentencing' 'mental Health and Forensic Procedure' "children's Criminal Proceedings"] ['limiting Terms' 'special Hearing' 'fitness to Be Tried' 'aggravated Taking and Driving a Conveyance' 'young Offender' 'intellectual Disability' 'delay' 'general Deterrence' 'rehabilitation']

Case Brief

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Procedural Posture

Special Hearing; Orders Under S 23 of the Mental Health (forensic Provisions) Act 1990 / After Findings Under S 22 That, on the Limited Evidence Available, the Young Person Committed Two Offences Charged Under S 154 C(2) of the Crimes Act 1900

Legal Issues

  1. 1 ['Whether, if the special hearing had been a normal criminal trial of a person fit to be tried, the Court would have imposed sentences of imprisonment for the offences found committed.' 'What limiting terms should be nominated under s 23(1)(b) of the Mental Health (Forensic Provisions) Act 1990.' "Whether the young person's age, intellectual disability, delay, prior custody, rehabilitation and lack of recent reoffending affected the appropriate orders." 'Whether an order should be made with respect to custody pending consideration by the Mental Health Review Tribunal.']

Ratio Decidendi

Taking into account the objective seriousness of two aggravated offences under s 154C(2), the actual and threatened use of a knife and the vulnerability of the taxi driver, but also the young person's age, mild to moderate intellectual disability, delay not attributable to him, 74 days already spent in custody, absence of reoffending for about two years, remorse and progress in rehabilitation, the Court held that imprisonment would have been imposed in a normal trial and nominated limiting terms of 12 months and 18 months. The terms were backdated to 3 June 2013 and the young person was referred to the Mental Health Review Tribunal, but no interim custody order was made because of his...

Court Disposition

Limiting terms imposed; young person referred to the Mental Health Review Tribunal and continued on bail until further order.

Orders

  • ['Pursuant to s 23(1)(a) of the Mental Health (Forensic Provisions) Act 1990, the Court indicated that if the special hearing had been a normal trial of criminal proceedings against a person fit to be tried for the offences found committed, it would have imposed a sentence of imprisonment for each charge on the...