REGINA v RY [2001] NSWCCA 499

REGINA v RY [2001] NSWCCA 499

The sentencing judge erred by disregarding the applicant's significant psychological attributes and by deciding to deal with her according to law on the insufficient basis of the seriousness of the offence and the irrelevant consideration of the dispositions imposed on co-offenders. Having regard to the reports before the sentencing judge, the appropriate disposition was under the children's regime, so the sentence of imprisonment could not stand.

Jurisdiction
Australia
Judgment Date
21 November 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; sentence quashed; control order imposed with release to parole on 22 November 2001 subject to conditions.
Legal Topics
['robbery With Corporal Violence' 'sentencing of Children' 'whether Child Should Be Dealt With According to Law' 'parity With Co Offenders' 'deferred Sentencing Under S 11 of the Crimes (sentencing Procedure) Act 1999' 'control Order and Parole']
['criminal Law' 'sentencing' 'children and Young Persons'] ['robbery With Corporal Violence' 'sentencing of Children' 'whether Child Should Be Dealt With According to Law' 'parity With Co Offenders' 'deferred Sentencing Under S 11 of the Crimes (sentencing Procedure) Act 1999' 'control Order and Parole']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in determining that the applicant should be dealt with according to law by relying on the seriousness of the offence and the sentencing outcomes for co-offenders.' "Whether the applicant should instead have been dealt with under the children's regime." "Whether the sentence of 12 months' imprisonment should stand."]

Ratio Decidendi

The sentencing judge erred by disregarding the applicant's significant psychological attributes and by deciding to deal with her according to law on the insufficient basis of the seriousness of the offence and the irrelevant consideration of the dispositions imposed on co-offenders. Having regard to the reports before the sentencing judge, the appropriate disposition was under the children's regime, so the sentence of imprisonment could not stand.

Court Disposition

Leave to appeal granted; sentence quashed; control order imposed with release to parole on 22 November 2001 subject to conditions.

Orders

  • ['Grant leave to appeal.' 'Quash the sentence appealed from and in lieu order pursuant to s 33(1)(g) of the Children (Criminal Proceedings) Act that the applicant be committed to the control of the Minister administering the Children (Detention Centres) Act for a period of one year commencing on 11 May 2001 and...