Jacob PLUM v R (No 2) [2016] NSWDC 163

Jacob PLUM v R (No 2) [2016] NSWDC 163

The appeal was upheld because the appellant's progress in custody, positive Juvenile Justice report, improved schooling attitude, insight into offending, treatment and support arrangements, and plan to live with his mother in Orange justified varying the non-parole period to expire immediately and releasing him on supervised parole.

Jurisdiction
Australia
Judgment Date
22 January 2016
Procedural Posture
Criminal Appeal Against Sentence / District Court Appeal From Local Court Decision Dated 31 October 2015
Outcome
Appeal upheld; sentence varied by fixing the non-parole period to expire on 22 January 2016 and ordering release on parole that day.
Legal Topics
['appeal Against Sentence' 'juvenile Offender' 'destroy or Damage Property' 'aggravated Break and Enter in Company' 'non Parole Period' 'parole']
['criminal Law'] ['appeal Against Sentence' 'juvenile Offender' 'destroy or Damage Property' 'aggravated Break and Enter in Company' 'non Parole Period' 'parole']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / District Court Appeal From Local Court Decision Dated 31 October 2015

Legal Issues

  1. 1 ['Whether the appeal against sentence should be upheld by varying the non-parole period.' 'Whether the young offender should be released immediately on supervised parole subject to conditions.']

Ratio Decidendi

The appeal was upheld because the appellant's progress in custody, positive Juvenile Justice report, improved schooling attitude, insight into offending, treatment and support arrangements, and plan to live with his mother in Orange justified varying the non-parole period to expire immediately and releasing him on supervised parole.

Court Disposition

Appeal upheld; sentence varied by fixing the non-parole period to expire on 22 January 2016 and ordering release on parole that day.

Orders

  • ['The appeal is upheld.' 'The young person, Mr Jacob Plum, is found guilty and sentenced to be detained for 12 months to commence on 31 October 2015 and expiring on 30 October 2016 with a non-parole period of 2 months, 3 weeks, 2 days.' 'The offender is first eligible for parole on 22 January 2016.' 'The offender is...