R v AN; R v LM; R v WD [2022] NSWSC 1272

R v AN; R v LM; R v WD [2022] NSWSC 1272

Each offender is sentenced to imprisonment for specially aggravated detention contrary to s 86(3) Crimes Act 1900 (NSW), with the term and non-parole period reflecting objective seriousness, planning and joint enterprise, mitigated by youth, lack of criminal history, remorse, COVID-19 effect, and, for WD, mental illness and profound disadvantage. The sentences are to be served as juvenile offenders under special circumstances pursuant to s 19 Children (Criminal Proceedings) Act 1987 (NSW), with specific non-parole periods and balance terms. Parole eligibility dates are set; WD’s parole is at Parole Authority discretion due to sentence length.

Jurisdiction
Australia
Judgment Date
27 September 2022
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Convicted and sentenced. Juvenile detention order under s 19 Children (Criminal Proceedings) Act 1987 (NSW) for all offenders.
Legal Topics
['sentencing' 'parole' 'objective Seriousness' 'mitigation' 'juvenile Detention' 'victim Impact Statements' 'parity' 'general Deterrence' 'rehabilitation' 'mental Illness as Mitigation' 'planning and Premeditation' 'crime in Company' 'bugmy Factors' 'remorse' 'covid 19 Impact on Sentencing']
['criminal Law' "children's Criminal Proceedings"] ['sentencing' 'parole' 'objective Seriousness' 'mitigation' 'juvenile Detention' 'victim Impact Statements' 'parity' 'general Deterrence' 'rehabilitation' 'mental Illness as Mitigation' 'planning and Premeditation' 'crime in Company' 'bugmy Factors' 'remorse' 'covid 19 Impact on Sentencing']

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Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentences for juvenile offenders convicted of specially aggravated detention under s 86(3) Crimes Act 1900 (NSW)' 'Application of s 19 Children (Criminal Proceedings) Act 1987 (NSW) for sentences to be served as juvenile offenders' 'Assessment of objective seriousness and subjective mitigation factors in sentencing' 'Consideration of parity between co-offenders' 'Discount for guilty plea under s 22 Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Reception of victim impact statements from family members where death was not direct result of the charged offence' 'Application of mental illness and background disadvantage as mitigating circumstances' 'COVID-19 impact as mitigating factor']

Ratio Decidendi

Each offender is sentenced to imprisonment for specially aggravated detention contrary to s 86(3) Crimes Act 1900 (NSW), with the term and non-parole period reflecting objective seriousness, planning and joint enterprise, mitigated by youth, lack of criminal history, remorse, COVID-19 effect, and, for WD, mental illness and profound disadvantage. The sentences are to be served as juvenile offenders under special circumstances pursuant to s 19 Children (Criminal Proceedings) Act 1987 (NSW), with specific non-parole periods and balance terms. Parole eligibility dates are set; WD’s parole is at Parole Authority discretion due to sentence length.

Court Disposition

Convicted and sentenced. Juvenile detention order under s 19 Children (Criminal Proceedings) Act 1987 (NSW) for all offenders.

Orders

  • ['AN sentenced to imprisonment for a non-parole period of 3 years 10 months from 13 February 2020 to 12 December 2023 and balance of 1 year 10 months from 13 December 2023 to 12 October 2025; eligible for parole on 12 December 2023.' 'LM sentenced to imprisonment for a non-parole period of 2 years 11 months from 13...