R v Plum [2007] NSWDC 365

R v Plum [2007] NSWDC 365

Given the seriousness of the aggravated break and enter and robbery, the offender's prior record, but also his substantial rehabilitation and the imperative of parity with the co-offender, the court determined that a control order of two years with a non-parole period of 18 months in juvenile detention was the only appropriate sentence.

Parties
Prosecution: Regina (Crown); Offender: K Plum (Plum)
Jurisdiction
Australia
Judgment Date
23 November 2007
Procedural Posture
Criminal / Sentencing
Outcome
Control order imposed
Legal Topics
Sentencing, Juvenile Offender, Aggravated Break and Enter, Robbery, Parity, Specific Deterrence
Criminal Law Juvenile Justice Sentencing Juvenile Offender Aggravated Break and Enter Robbery Parity Specific Deterrence

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Parties

Regina (Crown)

Prosecution

K Plum (Plum)

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriateness of a control order versus adult sentencing for a juvenile offender convicted of aggravated break and enter and robbery
  2. 2 Application of the parity principle with respect to a co-offender already sentenced

Ratio Decidendi

Given the seriousness of the aggravated break and enter and robbery, the offender's prior record, but also his substantial rehabilitation and the imperative of parity with the co-offender, the court determined that a control order of two years with a non-parole period of 18 months in juvenile detention was the only appropriate sentence.

Court Disposition

Control order imposed

Orders

  • Offender committed for two years to the control of the Minister administering the Children (Detention Centres) Act 1987, term to run from 23 November 2007 to 22 November 2009.
  • Non-parole period of eighteen months set to expire 22 May 2009.