AA v R [2010] NSWSC 703

AA v R [2010] NSWSC 703

There were special circumstances under s 19(4)(b) due to AA's participation in educational programs (HSC) not available in adult facilities, and he met the eligibility criteria under s 19(2)(a). Therefore, the order to allow him to serve the remainder of his sentence, until parole eligibility, as a juvenile offender, was made under s 19(3).

Jurisdiction
Australia
Judgment Date
30 June 2010
Procedural Posture
Motion / Application for Order Following Sentencing
Outcome
Order made for applicant to serve remainder of sentence, before release to parole, as a juvenile offender.
Legal Topics
['juvenile Offenders' 'sentencing' 'detention in Juvenile Facility' 'special Circumstances']
['criminal Law'] ['juvenile Offenders' 'sentencing' 'detention in Juvenile Facility' 'special Circumstances']

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

Motion / Application for Order Following Sentencing

Legal Issues

  1. 1 ['Whether AA should serve the remainder of his sentence in a juvenile justice centre under s 19(3) of the Children (Criminal Proceedings) Act 1987' 'Whether there are special circumstances as defined by s 19(4) of the Act']

Ratio Decidendi

There were special circumstances under s 19(4)(b) due to AA's participation in educational programs (HSC) not available in adult facilities, and he met the eligibility criteria under s 19(2)(a). Therefore, the order to allow him to serve the remainder of his sentence, until parole eligibility, as a juvenile offender, was made under s 19(3).

Court Disposition

Order made for applicant to serve remainder of sentence, before release to parole, as a juvenile offender.

Orders

  • ['Pursuant to s 19(3) of the Children (Criminal Proceedings) Act 1987, AA to serve the remainder of his sentence, before release to parole, as a juvenile offender.']