R v TCP [2000] NSWSC 1079

R v TCP [2000] NSWSC 1079

TCP is released on a two year probation order due to his greater involvement in the offence, genuine remorse, cooperation, youth, absence of prior criminal record, and improvements in custody, offsetting the seriousness of the offence.

Parties
Prosecution: Regina; Defendant: TCP
Jurisdiction
Australia
Judgment Date
10 November 2000
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and released on two year probation order
Legal Topics
Robbery in Company, Juvenile Justice, Sentencing
Criminal Law Robbery in Company Juvenile Justice Sentencing

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Parties

Regina

Prosecution

TCP

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing of juvenile defendant for robbery in company
  2. 2 Application of Children (Criminal Proceedings) Act 1987
  3. 3 Appropriate sentence considering degree of involvement, age, character, and time spent in custody

Ratio Decidendi

TCP is released on a two year probation order due to his greater involvement in the offence, genuine remorse, cooperation, youth, absence of prior criminal record, and improvements in custody, offsetting the seriousness of the offence.

Court Disposition

Convicted and released on two year probation order

Orders

  • Release on probationary order with strict conditions for two years: obey directions of Department of Juvenile Justice; attend programs as directed; make reasonable efforts to gain qualifications and continue education; reside with mother and inform authorities if residence changes; be subject to Department of...