R v Issa [2023] NSWDC 333

R v Issa [2023] NSWDC 333

The appeal was dismissed because s 210 of the Criminal Procedure Act 1986 (NSW), properly construed with s 28(2) of the Children (Criminal Proceedings) Act 1987 (NSW), did not give the Court power to deal with this child traffic offender as a child where the Children's Court would not have jurisdiction. In any event, given the extreme speed, the catastrophic potential consequences, and the need for denunciation and general deterrence, it would not have been appropriate to deal with the offender as a child. The adult sentence was within the lenient range of appropriate sentencing.

Jurisdiction
Australia
Judgment Date
04 August 2023
Procedural Posture
Criminal Sentence Appeal / District Court Appeal From Orders Made in the Penrith Local Court on 19 June 2023
Outcome
Sentence appeal dismissed; Local Court orders varied as to commencement and conclusion of licence disqualification.
Legal Topics
['sentence Appeal' 'child Offender' 'traffic Offence' 'drive Recklessly, Furiously or Speed in a Manner Dangerous' 'licence Disqualification' "jurisdiction of Local Court and Children's Court"]
['criminal Law' 'traffic Law' 'sentencing' "children's Criminal Proceedings" 'statutory Interpretation'] ['sentence Appeal' 'child Offender' 'traffic Offence' 'drive Recklessly, Furiously or Speed in a Manner Dangerous' 'licence Disqualification' "jurisdiction of Local Court and Children's Court"]

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / District Court Appeal From Orders Made in the Penrith Local Court on 19 June 2023

Legal Issues

  1. 1 ['Whether s 210 of the Criminal Procedure Act 1986 (NSW) conferred power to deal with the offender as a child notwithstanding s 28(2) of the Children (Criminal Proceedings) Act 1987 (NSW).' 'Whether, if such power existed, the offender should be dealt with as a child and without registration of a conviction.' 'Whether the Local Court sentence for the traffic offence was excessive or should be varied.']

Ratio Decidendi

The appeal was dismissed because s 210 of the Criminal Procedure Act 1986 (NSW), properly construed with s 28(2) of the Children (Criminal Proceedings) Act 1987 (NSW), did not give the Court power to deal with this child traffic offender as a child where the Children's Court would not have jurisdiction. In any event, given the extreme speed, the catastrophic potential consequences, and the need for denunciation and general deterrence, it would not have been appropriate to deal with the offender as a child. The adult sentence was within the lenient range of appropriate sentencing.

Court Disposition

Sentence appeal dismissed; Local Court orders varied as to commencement and conclusion of licence disqualification.

Orders

  • ['Sentence Appeal is dismissed.' 'Orders made in the Local Court on 19 June 2023 are varied: Order for license disqualification commences 4 August 2023 and concludes on 2 May 2024.']