DJ v R [2017] NSWCCA 319

DJ v R [2017] NSWCCA 319

The s.93I(2) and s.39(1)(a) offences were related offences arising from substantially the same circumstances as the s.33A(1)(a) offence, and the statutory scheme permitted the District Court to deal with them on a s.166 certificate and to sentence according to law. The sentencing Judge sufficiently considered the Applicant's youth and relevant provisions of the Children (Criminal Proceedings) Act 1987. Partial accumulation of six months was open because the Applicant had acquired and possessed a shortened firearm for two-to-three months before using it in a serious firearms offence; the total effective sentence was not unreasonable or plainly unjust.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court of New South Wales
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 's.166 Certificate Procedure' 'related Offences' 'juvenile Offender Sentencing' 'manifest Excess' 'accumulation and Concurrency of Sentences']
['criminal Law' 'sentencing' 'children and Young Persons' 'firearms Offences'] ['appeal Against Sentence' 's.166 Certificate Procedure' 'related Offences' 'juvenile Offender Sentencing' 'manifest Excess' 'accumulation and Concurrency of Sentences']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the District Court had jurisdiction to sentence the Applicant for related offences on a certificate under s.166 Criminal Procedure Act 1986.' "Whether the District Court was confined to the sentencing powers of the Children's Court for the related offences." 'Whether the sentencing Judge failed to apply the Children (Criminal Proceedings) Act 1987 when sentencing the Applicant for the s.166 certificate offences.' 'Whether the total effective sentence, including six months accumulation for the related firearm offences, was manifestly excessive.']

Ratio Decidendi

The s.93I(2) and s.39(1)(a) offences were related offences arising from substantially the same circumstances as the s.33A(1)(a) offence, and the statutory scheme permitted the District Court to deal with them on a s.166 certificate and to sentence according to law. The sentencing Judge sufficiently considered the Applicant's youth and relevant provisions of the Children (Criminal Proceedings) Act 1987. Partial accumulation of six months was open because the Applicant had acquired and possessed a shortened firearm for two-to-three months before using it in a serious firearms offence; the total effective sentence was not unreasonable or plainly unjust.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Grant leave to appeal against sentence.' 'Appeal dismissed.']