R v KMD [1999] NSWSC 1171

R v KMD [1999] NSWSC 1171

The Court declined to deal with the prisoner according to law and instead imposed a control order and probation order because, although the robberies were serious, the prisoner was a juvenile, the attack was spontaneous, he was not responsible for the knife injuries, and the evidence showed a substantial chance of rehabilitation in a controlled environment with counselling and support.

Jurisdiction
Australia
Judgment Date
01 December 1999
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas to Two Counts of Robbery With Corporal Violence
Outcome
Control order imposed on the first count and probation order imposed on the second count.
Legal Topics
['robbery With Corporal Violence' 'children (criminal Proceedings) Act 1987' 'control Order' 'probation Order' 'rehabilitation of Young Offenders']
['criminal Law' 'sentencing' 'juvenile Justice'] ['robbery With Corporal Violence' 'children (criminal Proceedings) Act 1987' 'control Order' 'probation Order' 'rehabilitation of Young Offenders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas to Two Counts of Robbery With Corporal Violence

Legal Issues

  1. 1 ['What sentence should be imposed on a prisoner who was sixteen and a half years old when he committed two robberies with corporal violence.' 'Whether the Court should deal with the prisoner according to law or make orders under Div 4 of Pt 3 of the Children (Criminal Proceedings) Act 1987.' "Whether the prisoner's rehabilitation prospects justified a control order and probation order rather than sentencing according to law."]

Ratio Decidendi

The Court declined to deal with the prisoner according to law and instead imposed a control order and probation order because, although the robberies were serious, the prisoner was a juvenile, the attack was spontaneous, he was not responsible for the knife injuries, and the evidence showed a substantial chance of rehabilitation in a controlled environment with counselling and support.

Court Disposition

Control order imposed on the first count and probation order imposed on the second count.

Orders

  • ['For the robbery with corporal violence of Toan Van Doan, KMD was committed for a period of two years to the control of the Minister administering the Children (Detention Centres) Act 1987.' 'The two-year period comprised a minimum term of one year and nine months taken to have commenced on 1 April 1998 and...