R v PL [2000] NSWSC 918

R v PL [2000] NSWSC 918

PL was twelve years old at the time of the offence, pleaded guilty at the earliest opportunity, gave a complete and truthful account to police, had spent time in custody, and had demonstrated substantial rehabilitation, school progress, counselling engagement and capacity to comply with supervision. In those circumstances it was appropriate to deal with him under Div 4 Pt 3 of the Children (Criminal Proceedings) Act 1987 and to impose probation rather than a custodial sentence.

Jurisdiction
Australia
Judgment Date
11 August 2000
Procedural Posture
Criminal Sentencing for Robbery in Company / Sentence After Guilty Plea
Outcome
PL was released on probation for two years subject to conditions.
Legal Topics
['robbery in Company' 'juvenile Offender' 'probation' 'guilty Plea' 'cooperation With Police' 'rehabilitation']
['criminal Law' 'sentencing' 'juvenile Justice'] ['robbery in Company' 'juvenile Offender' 'probation' 'guilty Plea' 'cooperation With Police' 'rehabilitation']

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Procedural Posture

Criminal Sentencing for Robbery in Company / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether PL should be dealt with according to law or under the less harsh regime in Div 4 Pt 3 of the Children (Criminal Proceedings) Act 1987.' 'What sentence was appropriate for a young person who pleaded guilty to robbery in company committed when he was twelve years old.']

Ratio Decidendi

PL was twelve years old at the time of the offence, pleaded guilty at the earliest opportunity, gave a complete and truthful account to police, had spent time in custody, and had demonstrated substantial rehabilitation, school progress, counselling engagement and capacity to comply with supervision. In those circumstances it was appropriate to deal with him under Div 4 Pt 3 of the Children (Criminal Proceedings) Act 1987 and to impose probation rather than a custodial sentence.

Court Disposition

PL was released on probation for two years subject to conditions.

Orders

  • ['The young person is to be released on probation for two years.' "PL is to subject himself to the guidance of the Juvenile Justice Department and obey that department's reasonable guidance and directions." 'PL is to reside with his mother, and if his mother has to go overseas, he is to be placed in the care of...