Regina v LBK [2001] NSWCCA 248

Regina v LBK [2001] NSWCCA 248

Fresh psychological evidence was admitted due to the applicant's youth and lack of adequate support, but after considering it, the sentence was not manifestly excessive and would not have been different; the applicant should serve custody in a Juvenile Detention Centre only.

Jurisdiction
Australia
Judgment Date
18 June 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal as to terms of sentence dismissed; non-publication order issued
Legal Topics
['sentencing' 'fresh Evidence' 'juvenile Justice' 'severity of Sentence']
['criminal Law'] ['sentencing' 'fresh Evidence' 'juvenile Justice' 'severity of Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether fresh psychological evidence should be admitted on appeal against sentence' 'Whether the sentence imposed on a juvenile was manifestly excessive' 'Appropriate sentencing considerations for a 16-year-old convicted of serious aggravated break and enter']

Ratio Decidendi

Fresh psychological evidence was admitted due to the applicant's youth and lack of adequate support, but after considering it, the sentence was not manifestly excessive and would not have been different; the applicant should serve custody in a Juvenile Detention Centre only.

Court Disposition

Leave to appeal granted; appeal as to terms of sentence dismissed; non-publication order issued

Orders

  • ['Whole of the time the applicant is required to spend in custody should be spent in Juvenile Detention Centre.' "Non-publication order as to the applicant's identity."]