R v DW; R v KW [2006] NSWSC 118

R v DW; R v KW [2006] NSWSC 118

Because affray was not a serious children's indictable offence, DW and KW were children at the time of the offence, and the s 18(1A) matters did not require that they be dealt with according to law, the Court dealt with them under Division 4 of Part 3. Their guilty pleas, youth, insignificant criminal records, favourable rehabilitation prospects, spontaneous conduct in context, compliance with bail and more than 14 months already spent in custody made release on a nine-month good behaviour bond appropriate.

Jurisdiction
Australia
Judgment Date
03 March 2006
Procedural Posture
Criminal Sentencing / Remarks on Sentence After Pleas of Guilty to Affray
Outcome
Each offender was convicted of affray and released under s 33(1)(b) of the Children (Criminal Proceedings) Act on a nine-month good behaviour bond.
Legal Topics
['affray' 'pleas of Guilty' 'young Offenders' 'good Behaviour Bond' 'power to Deal With Matter Other Than According to Law']
['criminal Law' 'sentencing' "children's Criminal Proceedings"] ['affray' 'pleas of Guilty' 'young Offenders' 'good Behaviour Bond' 'power to Deal With Matter Other Than According to Law']

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Procedural Posture

Criminal Sentencing / Remarks on Sentence After Pleas of Guilty to Affray

Legal Issues

  1. 1 ['Whether the offenders, who were children at the time of the affray, should be dealt with according to law or in accordance with Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987 (NSW).' "What sentence should be imposed for the offence of affray in light of the offenders' youth, guilty pleas, prior custody, criminal records and prospects of rehabilitation."]

Ratio Decidendi

Because affray was not a serious children's indictable offence, DW and KW were children at the time of the offence, and the s 18(1A) matters did not require that they be dealt with according to law, the Court dealt with them under Division 4 of Part 3. Their guilty pleas, youth, insignificant criminal records, favourable rehabilitation prospects, spontaneous conduct in context, compliance with bail and more than 14 months already spent in custody made release on a nine-month good behaviour bond appropriate.

Court Disposition

Each offender was convicted of affray and released under s 33(1)(b) of the Children (Criminal Proceedings) Act on a nine-month good behaviour bond.

Orders

  • ['In respect of the offence of affray, I convict each of the offenders DW and KW.' 'I order pursuant to s 33(1)(b) of the Children (Criminal Proceedings) Act that each of the offenders DW and KW be released on condition that he enter into a good behaviour bond for a period of nine months.' 'Each offender must appear...