R v AR [2021] NSWDC 95

R v AR [2021] NSWDC 95

Because AR was a child charged with an indictable offence that was not disposed of summarily, s 14(2) of the Children (Criminal Proceedings) Act 1987 enlivened a discretion not to record a conviction. The failure to consider that discretion was an error of law, so the proceedings were reopened under s 43 of the Crimes (Sentencing Procedure) Act 1999 and no conviction was recorded having regard to AR's age, prospects of rehabilitation, and employment aspirations.

Jurisdiction
Australia
Judgment Date
24 March 2021
Procedural Posture
Criminal Sentencing / Proceedings Reopened Under S 43 of the Crimes (sentencing Procedure) Act 1999 to Consider Whether No Conviction Should Be Recorded
Outcome
Proceedings reopened; no conviction recorded.
Legal Topics
['young Offender' 'recording of Conviction' "serious Children's Indictable Offence" 'error of Law' 'reopening Proceedings']
['criminal Law' 'sentencing' "children's Criminal Proceedings"] ['young Offender' 'recording of Conviction' "serious Children's Indictable Offence" 'error of Law' 'reopening Proceedings']

Case Brief

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Procedural Posture

Criminal Sentencing / Proceedings Reopened Under S 43 of the Crimes (sentencing Procedure) Act 1999 to Consider Whether No Conviction Should Be Recorded

Legal Issues

  1. 1 ['Whether s 14 of the Children (Criminal Proceedings) Act 1987 applied to AR when she was dealt with according to law for an indictable offence not disposed of summarily.' 'Whether the failure to consider the discretion under s 14 constituted an error of law requiring reopening of the proceedings under s 43 of the Crimes (Sentencing Procedure) Act 1999.' 'Whether no conviction should be recorded for AR.']

Ratio Decidendi

Because AR was a child charged with an indictable offence that was not disposed of summarily, s 14(2) of the Children (Criminal Proceedings) Act 1987 enlivened a discretion not to record a conviction. The failure to consider that discretion was an error of law, so the proceedings were reopened under s 43 of the Crimes (Sentencing Procedure) Act 1999 and no conviction was recorded having regard to AR's age, prospects of rehabilitation, and employment aspirations.

Court Disposition

Proceedings reopened; no conviction recorded.

Orders

  • ['Pursuant to s 43 of the Crimes (Sentencing and Procedure) Act 1999, I reopen the proceedings.' 'No conviction is to be recorded.']