AC v R [2010] NSWSC 673

AC v R [2010] NSWSC 673

There are special circumstances as defined by s 19(4)(b) based on the applicant's inability to complete Higher School Certificate studies if transferred to an adult correctional centre; thus, an order under s 19(3)(a) is warranted.

Parties
Applicant: AC; Respondent: Regina
Jurisdiction
Australia
Judgment Date
23 June 2010
Procedural Posture
Criminal / Judgment on Motion
Outcome
Order made for applicant to serve remainder of sentence as a juvenile offender
Legal Topics
Juvenile Offenders, Serving Sentence in Juvenile Centre, Special Circumstances, Education in Detention
Criminal Law Juvenile Offenders Serving Sentence in Juvenile Centre Special Circumstances Education in Detention

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Parties

AC

Applicant

Regina

Respondent

Procedural Posture

Criminal / Judgment on Motion

Legal Issues

  1. 1 Whether AC should serve the remainder of his sentence as a juvenile offender under s 19(3)(a) of the Children (Criminal Proceedings) Act 1987
  2. 2 Whether special circumstances exist to justify AC remaining in a juvenile centre to complete his education

Ratio Decidendi

There are special circumstances as defined by s 19(4)(b) based on the applicant's inability to complete Higher School Certificate studies if transferred to an adult correctional centre; thus, an order under s 19(3)(a) is warranted.

Court Disposition

Order made for applicant to serve remainder of sentence as a juvenile offender

Orders

  • That, pursuant to s 19(3)(a) of the Children (Criminal Proceedings) Act 1987, the applicant AC serve the remainder of his sentence, before release to parole, as a juvenile offender.