ZXT (a pseudonym) v R [2023] NSWCCA 222

ZXT (a pseudonym) v R [2023] NSWCCA 222

The sentencing judge's failure to consider suspension of the control order as required constituted a miscarriage of discretion, warranting resentencing; however, after fresh consideration, no lesser sentence was warranted due to the seriousness of the offending, the risk factors, and the impact on the victim. The control order for 18 months with a 9-month non-parole period was not manifestly excessive.

Parties
Applicant: ZXT (a pseudonym); Respondent: Rex
Jurisdiction
Australia
Judgment Date
08 September 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Re Sentencing
Outcome
Leave to appeal granted; appeal dismissed; original sentence confirmed.
Legal Topics
Appeal Against Sentence, Reckless Wounding in Company, Children's Court Sentences, Suspended Control Orders, Manifest Excess
Criminal Law Juvenile Justice Appeal Against Sentence Reckless Wounding in Company Children's Court Sentences Suspended Control Orders Manifest Excess

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Parties

ZXT (a pseudonym)

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Re Sentencing

Legal Issues

  1. 1 Whether sentencing judge failed to consider suspension of control order under s 33(1B) Children (Criminal Proceedings) Act 1987 (NSW)
  2. 2 Whether sentence was manifestly excessive

Ratio Decidendi

The sentencing judge's failure to consider suspension of the control order as required constituted a miscarriage of discretion, warranting resentencing; however, after fresh consideration, no lesser sentence was warranted due to the seriousness of the offending, the risk factors, and the impact on the victim. The control order for 18 months with a 9-month non-parole period was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed; original sentence confirmed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.