Police v JM [2011] NSWChC 1

Police v JM [2011] NSWChC 1

Given the seriousness and multiplicity of the offences, the young person's status as a repeat offender and commission of offences while on parole, and his proximity to adulthood, a full-time custodial sentence (Control Order) at the jurisdictional limit is warranted, with reduced emphasis on rehabilitation and increased deterrence and community protection, though special circumstances justified supervision and ongoing treatment for substance abuse.

Parties
Prosecutor: Police; Young Person in Custody: JM
Jurisdiction
Australia
Judgment Date
28 June 2011
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to control orders (custodial sentences) with specified non-parole periods and conditions.
Legal Topics
Sentencing, Break Enter and Steal, Youth Offenders, Control Order
Criminal Law Juvenile Justice Sentencing Break Enter and Steal Youth Offenders Control Order

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Parties

Police

Prosecutor

JM

Young Person in Custody

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for a young person convicted of aggravated break enter and steal, having regard to multiple additional offences and the offender's lengthy criminal history, youth, and rehabilitation prospects?
  2. 2 How should the principles of sentencing juvenile offenders be applied when rehabilitation must be considered against general deterrence and seriousness of offending?

Ratio Decidendi

Given the seriousness and multiplicity of the offences, the young person's status as a repeat offender and commission of offences while on parole, and his proximity to adulthood, a full-time custodial sentence (Control Order) at the jurisdictional limit is warranted, with reduced emphasis on rehabilitation and increased deterrence and community protection, though special circumstances justified supervision and ongoing treatment for substance abuse.

Court Disposition

Convicted and sentenced to control orders (custodial sentences) with specified non-parole periods and conditions.

Orders

  • For Aggravated Break Enter and Steal (2010/00357156): Convicted. Sentenced to Control of the Minister for a non-parole period of 14 months from 27 October 2010 to 26 December 2011; balance of term 10 months 27 December 2011 to 26 October 2012. Parole supervised and conditioned on rehabilitation and counselling for...
  • On papers 2010/00322681 (Resist Police, Fail to Appear): Convicted. Sentenced to Control of the Minister for a fixed term of 1 month from 27 October 2010 to 26 November 2010.