Jacob PLUM v R (No 1) [2015] NSWDC 405

Jacob PLUM v R (No 1) [2015] NSWDC 405

The Court refused to release the appellant immediately or by Christmas because he was still misbehaving in custody, needed to spend further time in custody for eight serious offences, required more time for medication and support arrangements to take effect, and the Court was not yet satisfied he would comply in the community. The appeal was adjourned to 22 January 2016 for an updated Juvenile Justice report, with the Court indicating it may reduce the non-parole period if the appellant had settled and behaved reasonably well.

Jurisdiction
Australia
Judgment Date
26 November 2015
Procedural Posture
Criminal Appeal Against Sentence From the Local Court/children's Court / District Court Appeal Adjourned After Hearing; Updated Juvenile Justice Report Ordered
Outcome
Appeal adjourned; immediate release not granted; bail not applied for and refused; updated Juvenile Justice report ordered.
Legal Topics
['appeal Against Sentence' 'juvenile Offender' 'control Order' 'non Parole Period' 'aggravated Break and Enter' 'damage to Property' 'intimidating School Staff' 'contravention of Apprehended Violence Order' 'rehabilitation' 'conditional Liberty']
['criminal Law' 'sentencing' 'juvenile Justice'] ['appeal Against Sentence' 'juvenile Offender' 'control Order' 'non Parole Period' 'aggravated Break and Enter' 'damage to Property' 'intimidating School Staff' 'contravention of Apprehended Violence Order' 'rehabilitation' 'conditional Liberty']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence From the Local Court/children's Court / District Court Appeal Adjourned After Hearing; Updated Juvenile Justice Report Ordered

Legal Issues

  1. 1 ["Whether the appellant's non-parole period under a juvenile control order should be reduced to permit earlier release." "Whether immediate release or release by Christmas was appropriate having regard to the appellant's age, rehabilitation, medication, support arrangements, seriousness of offending, and recent behaviour in custody." "Whether the appeal should be adjourned to obtain updated information about the appellant's progress in custody and on medication."]

Ratio Decidendi

The Court refused to release the appellant immediately or by Christmas because he was still misbehaving in custody, needed to spend further time in custody for eight serious offences, required more time for medication and support arrangements to take effect, and the Court was not yet satisfied he would comply in the community. The appeal was adjourned to 22 January 2016 for an updated Juvenile Justice report, with the Court indicating it may reduce the non-parole period if the appellant had settled and behaved reasonably well.

Court Disposition

Appeal adjourned; immediate release not granted; bail not applied for and refused; updated Juvenile Justice report ordered.

Orders

  • ['Matter adjourned.' 'Appeal adjourned to 22 January 2016.' 'Bail is not applied for and refused.' 'An up to date Juvenile Justice report is to be prepared and made available to the court on or before 20 January 2016.']