Alternative verdicts in Children's Court and Local Court — aggravated sexual assault — s 80AB Crimes Act does not operate to enable a Children’s Court Magistrate to return an alternative verdict to s 61J(1) in circumstances where the aggravating feature of the charge is not proven.

Patrick 16 years and 9 months at time of offending — charged with robbery in company, use offensive weapon to commit indictable offence and reckless wounding — on parole for a robbery in company and matters of violence at time of offending — R v CL [2022] NSWChC 5 followed: “detained” does not include when a person is in the community on parole — s 53B permits Court to impose an aggregate sentence of up to 5 years including non-parole and parole period — jurisdictional limit of 2 years for a single offence: s 33(1)(g) — sentenced for a non-parole period of 13 months and a total term of 2 years — conviction not imposed due to age, cognitive functioning, the immaturity that comes with not properly understanding consequence and to not hinder rehabilitation.

CL 17 and a half at the time of alleged offending — charged with aggravated break, enter and commit larceny — Children (Criminal Proceedings) Act 1987 s 31(3) court to determine whether indictable offences should progress through a committal process prior to discharge or committal for trial — evidence is capable of satisfying a jury beyond reasonable doubt that CL committed offences — charges not to be disposed of in a summary manner — CL serving a control order when these offences occurred — “detained” under s 33A(4) refers to a person who is in custody, under restraint, and does not include when a person is in the community on parole — offences cannot properly be disposed of in a summary manner because level of planning, the additional circumstances of aggravation, the value of the property stolen, CL’s age and the fact that the offences were committed in breach of parole on a two-year aggregate control order for like offences — dealt with as committal proceedings.

Crimes (Appeal and Review) Act 2001, s 53 — application for order that female magistrate hear matter amounted to request for conditional permanent stay — stay may, in an appropriate case, include condition that matter be heard by female magistrate — power available under s 8 Court Suppression and Non-publication Orders Act 2010 to order restricted viewing of evidence in appropriate cases.

Applicant found guilty of contravening child protection prohibition orders — s 3A(2) Child Protection (Offenders Registration) Act 2000 exempts a person from the definition of “registrable person” if offence committed when they were a child or if they were found guilty of a registrable offence before 15 October 2001 — applicant fulfilled both because she committed a single offence involving an act of indecency when she was 13 years old and found guilty before 15 October 2001 — Local Court had no power to make Child Protection Prohibition Order as she was not a registrable person — Crown could not establish that she had contravened order as invalid — matter remitted to District Court for sentence.

Appeal against magistrate’s refusal to hear three sets of charges separately — plaintiff charged with indecent assault offences against three complainants — evidence of each complainant cross-admissible as tendency evidence — court does not have jurisdiction to intervene to disturb magistrate’s refusal of application for separate hearings — applicant has failed to identify a question of law alone or jurisdictional error — leave not granted.

Sexual assault offences — juvenile offender dealt with on indictment — offender 17 years, 11 months and 28 days of age at the time of offences contrary to s 61J Crimes Act 1900 — offender offered to plead guilty to charges in the Children’s Court — offender to be dealt with according to Pt 3 Div 4 Children (Criminal Proceedings) Act 1987 rather than by law — offender found guilty — offender is not to be treated as a registrable person — offender released on probation.

Dangerous driving causing death — committed for trial in the District Court by a magistrate in the Children’s Court — notice of motion filed in District Court seeking a temporary stay of proceedings — stay of proceedings refused — summons filed in the Court of Appeal — s 69 Supreme Court Act 1970 — order sought to set aside magistrate’s order in the Children’s Court committing applicant for trial — order sought to set aside judgment or order of the District Court refusing stay of proceedings — Court of Appeal has jurisdiction to set aside orders of District Court refusing stay of proceedings — Court of Appeal does not have jurisdiction to set aside orders of Children’s Court magistrate — s 48 Supreme Court Act — proceedings under s 69 concerning orders of a specified tribunal — District Court a specified tribunal under s 48(1) — Children’s Court not a specified tribunal under s 48(1) — s 46(2)(b) Supreme Court Act.

Matters to be taken into consideration when determining whether to exercise the discretion under s 31 Children (Criminal Proceedings) Act 1987 and commit the young persons to the District Court to be dealt with according to law.

Sections 6, 18, 31 Children (Criminal Proceedings) Act 1987 — applicant committed for trial rather than dealt with summarily in the Children’s Court — requirement to “… forthwith furnish to the person a statement of reasons for decision” in s 31(4) — magistrate neither erred by failing to give sufficient reasons nor in deciding the applicant should be dealt with according to law.