Jade M. v Regina [2007] NSWDC 143

Jade M. v Regina [2007] NSWDC 143

The severity appeals were upheld because the appellant had successfully complied with the rehabilitative s 33(1)(C) arrangements, had remained out of trouble, made positive gains in study, counselling, employment and social stability, and had already served time in custody and been subject to oversight; accordingly the Children's Court sentences were quashed, a six-month good behaviour bond was substituted, and no action was taken on the breach of bond.

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Criminal Severity Appeal From the Children's Court / District Court Appeal Against Sentence
Outcome
Severity appeal upheld; sentences quashed; six-month good behaviour bond imposed; no action taken on breach of bond.
Legal Topics
['severity Appeal' 'break and Enter With Intent to Commit Serious Indictable Offence' 'taking and Driving a Conveyance' 'being Carried in a Conveyance Without Consent' 'griffith Remand' 'good Behaviour Bond' 'breach of Bond']
['criminal Law' 'juvenile Justice' 'sentencing'] ['severity Appeal' 'break and Enter With Intent to Commit Serious Indictable Offence' 'taking and Driving a Conveyance' 'being Carried in a Conveyance Without Consent' 'griffith Remand' 'good Behaviour Bond' 'breach of Bond']

Case Brief

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Procedural Posture

Criminal Severity Appeal From the Children's Court / District Court Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the severity appeals from the Children's Court sentences for break and enter with intent to commit a serious indictable offence, taking and driving a conveyance, and being carried in a conveyance without consent should be upheld after the appellant's rehabilitation while subject to s 33(1)(C) requirements." 'What action should be taken in respect of the breach of the bond.']

Ratio Decidendi

The severity appeals were upheld because the appellant had successfully complied with the rehabilitative s 33(1)(C) arrangements, had remained out of trouble, made positive gains in study, counselling, employment and social stability, and had already served time in custody and been subject to oversight; accordingly the Children's Court sentences were quashed, a six-month good behaviour bond was substituted, and no action was taken on the breach of bond.

Court Disposition

Severity appeal upheld; sentences quashed; six-month good behaviour bond imposed; no action taken on breach of bond.

Orders

  • ['The severity appeals are upheld.' 'The appeals against sentences imposed by the learned magistrate in respect of the break and enter, the take and drive conveyance, and being carried in a conveyance without consent are upheld.' 'In lieu of the sentences imposed, the appellant is released on condition that he enter...