SS v R [2010] NSWSC 674

SS v R [2010] NSWSC 674

SS's ongoing Higher School Certificate studies and educational circumstances established special circumstances justifying an order that he remain at the juvenile centre for the balance of his term before release to parole.

Jurisdiction
Australia
Judgment Date
23 June 2010
Procedural Posture
Criminal Motion Concerning Sentence Service in a Juvenile Justice Centre / Consequential Orders After Sentencing
Outcome
Application granted.
Legal Topics
['juvenile Convicted of Manslaughter' 'application to Serve Prison Term in Juvenile Centre' 'special Circumstances' 'higher School Certificate Courses Not Offered by Adult Gaols']
['criminal Law' 'juvenile Justice' 'sentencing'] ['juvenile Convicted of Manslaughter' 'application to Serve Prison Term in Juvenile Centre' 'special Circumstances' 'higher School Certificate Courses Not Offered by Adult Gaols']

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Procedural Posture

Criminal Motion Concerning Sentence Service in a Juvenile Justice Centre / Consequential Orders After Sentencing

Legal Issues

  1. 1 ['Whether special circumstances under s 19(3) of the Children (Criminal Proceedings) Act 1987 justified ordering SS to serve the remainder of his sentence before parole as a juvenile offender.']

Ratio Decidendi

SS's ongoing Higher School Certificate studies and educational circumstances established special circumstances justifying an order that he remain at the juvenile centre for the balance of his term before release to parole.

Court Disposition

Application granted.

Orders

  • ['That, pursuant to s 19(3)(a) of the Children (Criminal Proceedings) Act 1987, the applicant SS serve the remainder of his sentence, before release to parole, as a juvenile offender.']