R v ST [2018] NSWDC 22

R v ST [2018] NSWDC 22

The Court exercised the section 20 discretion to remit ST to the Children's Court because the mandatory requirements were satisfied, the offences were in the low range of objective seriousness, the totality principle meant an aggregate sentence not exceeding 3 years was appropriate, ST was immature and 17 years and 4 months old at the time of offending, the Children's Court was the specialist jurisdiction best placed to administer the Children (Criminal Proceedings) Act 1987 and promote rehabilitation, and the Youth Koori Court referral power was available in the Children's Court but not the District Court.

Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas and Application for Remittal to the Children's Court Under Section 20 Children (criminal Proceedings) Act 1987
Outcome
ST was convicted of each count and remitted to the Children's Court for imposition of penalties.
Legal Topics
['plea of Guilty' 'being Carried in Stolen Conveyance' 'stealing Motor Vehicle' 'attempt to Steal Motor Vehicle' 'aggravated Break and Enter' 'form 1 Matters' "remittal to Children's Court" 'youth Koori Court' 'objective Seriousness' 'rehabilitation of Young Offenders']
['criminal Law' 'sentencing' "children's Criminal Proceedings"] ['plea of Guilty' 'being Carried in Stolen Conveyance' 'stealing Motor Vehicle' 'attempt to Steal Motor Vehicle' 'aggravated Break and Enter' 'form 1 Matters' "remittal to Children's Court" 'youth Koori Court' 'objective Seriousness' 'rehabilitation of Young Offenders']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas and Application for Remittal to the Children's Court Under Section 20 Children (criminal Proceedings) Act 1987

Legal Issues

  1. 1 ["Whether ST should be convicted and sentenced in the District Court or remitted to the Children's Court under section 20 Children (Criminal Proceedings) Act 1987 for penalty." "Whether the offences and ST's circumstances justified dealing with him under the Children (Criminal Proceedings) Act 1987 rather than imposing a District Court sentence." 'Whether the likely overall sentence would exceed 3 years imprisonment, which would prevent ST being dealt with under the Children (Criminal Proceedings) Act 1987.']

Ratio Decidendi

The Court exercised the section 20 discretion to remit ST to the Children's Court because the mandatory requirements were satisfied, the offences were in the low range of objective seriousness, the totality principle meant an aggregate sentence not exceeding 3 years was appropriate, ST was immature and 17 years and 4 months old at the time of offending, the Children's Court was the specialist jurisdiction best placed to administer the Children (Criminal Proceedings) Act 1987 and promote rehabilitation, and the Youth Koori Court referral power was available in the Children's Court but not the District Court.

Court Disposition

ST was convicted of each count and remitted to the Children's Court for imposition of penalties.

Orders

  • ['ST is convicted of each count.' "ST is remitted to the Children's Court for the purpose of imposing penalties for the offences." "ST is remanded in custody to the Children's Court at Surry Hills on 19 February 2018." 'I would recommend that consideration be given to referring ST to the Youth Koori Court.']