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Criminal law

R v Harry

R v Harry [2025] NSWChC 3

The Children's Court dismissed all charges against a 13-year-old, finding the prosecution had not rebutted doli incapax beyond reasonable doubt.

  • Doli incapax
  • Aggravated break and enter
  • Serious indictable offence
  • Steal motor vehicle
  • Hinder police
  • Children under 14
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Criminal law

PD v Director of Public Prosecutions (NSW)

PD v Director of Public Prosecutions (NSW) [2025] NSWSC 16

Sentence appeal from the Children's Court partly succeeded on legality of aggregate control orders. The Court substituted two orders and dismissed the summons.

  • Sentence appeal
  • Children's sentencing
  • Aggregate control orders
  • Statutory interpretation
  • Backdating of sentences
  • Sentence-appeal
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Children's law

Department of Communities and Justice (DCJ) and Ivy

Department of Communities and Justice (DCJ) and Ivy [2025] NSWChC 1

The Children's Court found no realistic possibility of restoration to the mother and ordered parental responsibility solely to the Minister until the child turns 18.

  • Parental responsibility
  • Permanency planning
  • Restoration
  • Unacceptable risk
  • Best interests of the child
  • Care-and-protection
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Guardianship

Charles (a pseudonym)

Charles (a pseudonym) [2024] NSWCATGD 15

NCAT held that proposed testosterone treatment for a transgender 15-year-old was not “special medical treatment” because it was not reasonably likely to cause permanent infertility.

  • Transgender health
  • Consent to medical treatment
  • Special medical treatment under s 175
  • Permanent infertility
  • Statutory interpretation
  • Transgender-health
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Guardianship

Jess (a pseudonym)

Jess (a pseudonym) [2024] NSWCATGD 16

The Tribunal consented to Stage 2 oestrogen treatment for a transgender 15-year-old, finding it was special medical treatment and necessary to prevent serious psychological harm.

  • Consent to special medical treatment
  • Transgender child care
  • Gender affirming hormone therapy
  • Definition and scope of 'special medical treatment'
  • Assessment of risk of permanent infertility
  • Tribunal discretion under s 175(3)
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Criminal law

R v Louie

R v Louie [2024] NSWChC 10

The Children's Court made a 6-month Community Treatment Order for a 17-year-old with serious offending and schizophrenia, finding treatment and supervision best served safety and rehabilitation.

  • Community treatment order
  • Youth koori court
  • Diversion from criminal justice system
  • Mental illness and criminal responsibility
  • Sentencing of young offenders
  • Community-treatment-order
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Evidence

VC v Secretary of the Department of Communities and Justice & Ors

VC v Secretary of the Department of Communities and Justice & Ors [2024] NSWDC 166

The District Court upheld an objection to a father’s recorded conversation transcript, finding it was illegally obtained and inadmissible under s 138.

  • Admissibility of illegally obtained evidence
  • Rules of evidence on appeal
  • Surveillance devices in proceedings
  • Relevance of evidence in child care appeal
  • Illegally-obtained-evidence
  • Evidence-admissibility
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Children's law

R v Kai

R v Kai [2024] NSWChC 5

The Children's Court sentenced a 15-year-old for multiple stolen-car, damage and assault offences, imposing an aggregate 16-month control order with an 8-month non-parole period.

  • Aggregate sentencing
  • Breach of bond
  • Control orders
  • Special circumstances
  • Car theft
  • Assault law enforcement officer
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Criminal law

R v Thomas; R v Tony

R v Thomas; R v Tony [2024] NSWChC 2

The Children's Court dismissed a stay application, holding that renewed committal proceedings after discharge for a missed charge certificate were not an abuse of process.

  • Committal proceedings
  • Abuse of process
  • Charge certificate
  • Stay of proceedings
  • Abuse-of-process
  • Committal-proceedings
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Criminal law

R v IP

R v IP [2024] NSWCCA 16

The New South Wales Court of Criminal Appeal held that BM’s name could be published because doing so would not likely identify the accused child, IP.

  • Suppression orders
  • Non-publication orders
  • Anonymity of child accused and victims
  • Children (criminal proceedings) act 1987 (nsw)
  • Suppression-orders
  • Non-publication-orders
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.