Police V MW [2009] NSWLC 15

Police V MW [2009] NSWLC 15

The gravity and adult-like quality of the offences means summary disposal in the Children's Court would not reflect community expectations or serve denunciation; jurisdictional limitations prevent appropriate sentencing and thus committal to the District Court for sentence is warranted under s31(5) Children (Criminal Proceedings) Act 1987.

Jurisdiction
Australia
Judgment Date
23 October 2009
Procedural Posture
Criminal / Committal to District Court for Sentence Following Guilty Plea in Children's Court
Outcome
committed for sentence to District Court; bail refused
Legal Topics
['objective Seriousness of Offending' 'summary Vs According to Law Procedure' 'committal for Sentence' 'sentencing Principles Juvenile Offenders']
['criminal Law' 'juvenile Justice'] ['objective Seriousness of Offending' 'summary Vs According to Law Procedure' 'committal for Sentence' 'sentencing Principles Juvenile Offenders']

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Procedural Posture

Criminal / Committal to District Court for Sentence Following Guilty Plea in Children's Court

Legal Issues

  1. 1 ["Whether to deal with juvenile offender summarily in Children's Court or commit for sentence to District Court under section 31(5) Children (Criminal Proceedings) Act 1987" 'Assessment of objective seriousness of sexual intercourse without consent by juvenile' 'Sentencing principles applicable to juveniles committing serious offences']

Ratio Decidendi

The gravity and adult-like quality of the offences means summary disposal in the Children's Court would not reflect community expectations or serve denunciation; jurisdictional limitations prevent appropriate sentencing and thus committal to the District Court for sentence is warranted under s31(5) Children (Criminal Proceedings) Act 1987.

Court Disposition

committed for sentence to District Court; bail refused

Orders

  • ['MW committed for sentence to District Court at Wagga Wagga upon charges of sexual intercourse without consent and assault' 'Bail formally refused' 'Registrar requested to notify Department of Juvenile Justice to prepare a Specialist Report for District Court' 'Copy of judgment to be included with Court papers for...