R v AN (No 2) [2015] NSWSC 308

R v AN (No 2) [2015] NSWSC 308

The Juvenile Justice report established special circumstances because the offender had special educational, vocational training and therapeutic needs that were being met by programmes available in juvenile detention and suitable to his rehabilitation, and it was desirable in the interests of the community and the offender that he serve his non-parole period as a juvenile offender until his twenty-first birthday.

Jurisdiction
Australia
Judgment Date
13 March 2015
Procedural Posture
Criminal Sentencing; Manslaughter; Juvenile Offender / Application for an Order Under S 19 of the Children (criminal Proceedings) Act 1987 Following Sentence Remarks
Outcome
Order made under s 19(1) and 19(3) of the Children (Criminal Proceedings) Act 1987.
Legal Topics
['manslaughter' 'juvenile Offender Detention' 'special Circumstances' 'educational and Vocational Training' 'therapeutic Programmes' 'non Parole Period']
['criminal Law' 'sentencing' 'juvenile Justice'] ['manslaughter' 'juvenile Offender Detention' 'special Circumstances' 'educational and Vocational Training' 'therapeutic Programmes' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing; Manslaughter; Juvenile Offender / Application for an Order Under S 19 of the Children (criminal Proceedings) Act 1987 Following Sentence Remarks

Legal Issues

  1. 1 ['Whether there were special circumstances under s 19(4) of the Children (Criminal Proceedings) Act 1987 warranting an order that the offender remain in juvenile detention.' "Whether the offender's educational, vocational training and therapeutic needs supported detention as a juvenile offender until he attained the age of twenty-one years."]

Ratio Decidendi

The Juvenile Justice report established special circumstances because the offender had special educational, vocational training and therapeutic needs that were being met by programmes available in juvenile detention and suitable to his rehabilitation, and it was desirable in the interests of the community and the offender that he serve his non-parole period as a juvenile offender until his twenty-first birthday.

Court Disposition

Order made under s 19(1) and 19(3) of the Children (Criminal Proceedings) Act 1987.

Orders

  • ['The offender is to serve his non-parole period as a juvenile offender until the day upon which he attains the age of twenty-one years.' "The offender may remain in a children's detention centre as a juvenile offender until the day he turns twenty-one, whereupon he may be transferred to an adult prison."]