LD v R [2016] NSWCCA 217

LD v R [2016] NSWCCA 217

The sentence imposed was invalid because the sentencing judge failed to apply the mandatory provisions of the Children (Criminal Proceedings) Act 1987, including obtaining a background report, when sentencing a child for an offence not defined as a serious children's indictable offence; the matter must be remitted for proper sentencing.

Parties
Applicant: LD; Respondent: Regina
Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted and appeal allowed; sentence quashed; matter remitted to District Court.
Legal Topics
Appeal Against Sentence, Sentencing of Children, Failure to Apply Children (criminal Proceedings) Act, Manifest Excess in Sentencing
Criminal Law Appeal Against Sentence Sentencing of Children Failure to Apply Children (criminal Proceedings) Act Manifest Excess in Sentencing

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Parties

LD

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to apply provisions of the Children (Criminal Proceedings) Act 1987 on sentence
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The sentence imposed was invalid because the sentencing judge failed to apply the mandatory provisions of the Children (Criminal Proceedings) Act 1987, including obtaining a background report, when sentencing a child for an offence not defined as a serious children's indictable offence; the matter must be remitted for proper sentencing.

Court Disposition

Leave to appeal granted and appeal allowed; sentence quashed; matter remitted to District Court.

Orders

  • Leave to appeal granted and appeal allowed.
  • Sentence imposed in the District Court on 6 November 2015 quashed.