Juvenile Offender Allowed to Serve Remaining Sentence in Juvenile Centre
Supreme Court of New South Wales
📜 Headnote Official document
The court ordered the claimant to serve the remainder of his sentence in a juvenile centre due to special circumstances, including the lack of HSC course offerings in adult prisons.
📚 Full judgment Official document
New South Wales Supreme Court
CITATION : [NAME] v R [2010] NSWSC 674
HEARING DATE(S) : 23 June 2010
JUDGMENT DATE : 23 June 2010
JURISDICTION : Common Law Criminal List
JUDGMENT OF : Kirby J
DECISION : Pursuant to s 19(3)(a) of the Children (Criminal Proceedings) Act 1987, the applicant [NAME] serve the remainder of his sentence, before release to parole, as a juvenile offender.
CATCHWORDS : CRIMINAL LAW - juvenile convicted of manslaughter - application to serve prison term in juvenile centre - whether special circumstances as defined - HSC courses not offered by adult gaols - order that juvenile remain in juvenile centre to complete education.
LEGISLATION CITED : Children (Criminal Proceedings) Act 1987
CATEGORY : Consequential orders
PARTIES : [NAME](S) : SC 2009/3474
COUNSEL : [redacted] [NAME] ([NAME])
SOLICITORS : [redacted] [NAME] ([NAME])
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
JUSTICE DAVID KIRBY
Wednesday 23 June 2010
2009/3474 REGINA v "[NAME]"
JUDGMENT ON MOTION 1 KIRBY J: On 28 May 2010, I sentenced [NAME] to imprisonment with a non parole period of 3 years 4 months to date from 9 January 2008 and to expire on 8 May 2011, with a total sentence of 5 years 11 months to date from 9 January 2008 and to expire on 8 December 2013. He will be eligible for release to parole on 8 May 2011. 2 At the same time, application was made that he serve the balance of his term in a juvenile justice centre. The information before me, when sentencing, did not appear to address the issue of special circumstances required under s 19(3) of the Children (Criminal Proceedings) Act 1987. I gave leave to make further application. 3 Further application has now been made on Notice of Motion, supported by affidavit from the solicitor for the applicant. [NAME] is currently studying for his Higher School Certificate and is enrolled at the [NAME]. He is undertaking a number of subjects and to a very high standard. The material annexed includes documents from the [NAME] of the [COMPANY], as well as the [COMPANY] (within the [COMPANY]) in which [NAME] is also enrolled. He is described as an enthusiastic participant. 4 As in the companion matter of AC, which in many ways is very similar, I am satisfied that special circumstances have been established which justify an order that [NAME] remain at the juvenile centre for the balance of his term.
Order. 5 I therefore make the following order: That, pursuant to s 19(3)(a) of the Children (Criminal Proceedings) Act 1987, the applicant [NAME] serve the remainder of his sentence, before release to parole, as a juvenile offender.
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