R v RI [2019] NSWDC 129

R v RI [2019] NSWDC 129

Given loss of opportunity to be dealt with in Children's Court, offender's lack of significant record, remorse, and good prospects of rehabilitation, and seriousness at lower end of mid-range, the offender is sentenced pursuant to Division 4 of Part 3 of the Children (Criminal Proceedings) Act, 1987, released on Probation under s 33(1)(e) for two years, and declared not to be a registrable person under Child Protection (Offenders Registration) Act.

Jurisdiction
Australia
Judgment Date
16 April 2019
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and probation
Legal Topics
['sentencing of Juvenile Offenders' 'sexual Offences' 'probation Orders' 'offender Registration Discretion']
['criminal Law' 'juvenile Justice'] ['sentencing of Juvenile Offenders' 'sexual Offences' 'probation Orders' 'offender Registration Discretion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether to sentence the offender according to law or pursuant to Children (Criminal Proceedings) Act provisions' 'Whether to declare the offender not to be a registrable person under Child Protection (Offenders Registration) Act 2000' 'Appropriate sentence for sexual intercourse with a child under 16 by a juvenile offender']

Ratio Decidendi

Given loss of opportunity to be dealt with in Children's Court, offender's lack of significant record, remorse, and good prospects of rehabilitation, and seriousness at lower end of mid-range, the offender is sentenced pursuant to Division 4 of Part 3 of the Children (Criminal Proceedings) Act, 1987, released on Probation under s 33(1)(e) for two years, and declared not to be a registrable person under Child Protection (Offenders Registration) Act.

Court Disposition

Conviction and probation

Orders

  • ['Convicted on both counts' 'Released on Probation (s 33(1)(e) Children (Criminal Proceedings) Act) for a period of two years for each count' 'Probation conditioned on good behaviour, appearing for breach, accepting supervision, and notifying change of address' 'Declared not to be treated as a registrable person for...