Important cases — Juvenile detention centre

[9-1240] R v AH [2018] NSWSC 973

Last reviewed: June 2024

Guilty plea to doing an act in preparation for, or planning, a terrorist act, pursuant to s 101.6(1) Criminal Code (Cth) — offence is objectively serious and a substantial term of full-time imprisonment is appropriate — offence above the low end of the range of objective gravity — 12 years imprisonment with non-parole period of 9 years — detention as a juvenile offender up to the age of 21.

HJ v R [2014] NSWCCA 21

Applicant aged 17 years and 8 months at the time of the offence — two offences contrary to s 112(2) Crimes Act 1900 — breaking and entering into a house and committing a serious indictable offence — aggravated offence committed in the company of another — application for leave to appeal against sentence — whether the sentencing judge failed to give proper attention to the fact applicant was the mother of a very young baby — whether juvenile detention appropriate if offender has a very young baby — error found — applicant re-sentenced.

R v KT [2007] NSWSC 83

Offender aged 16 — manslaughter by unlawful and dangerous act — offender pleaded guilty to a serious children’s indictable offence — sentencing — offender was in a group of youths engaged in throwing eggs at members of the public from a moving vehicle — the offender had assaulted a man who threw a can back at the car in retaliation — the assault caused the man to fall and strike his head heavily to the ground thereby sustaining fatal injuries — examination of the offender’s background and subjective circumstances — no prior criminal history — whether offender should serve any sentence in juvenile detention, given his age and limitation, rather than in the adult prison system — objective seriousness of the offence assessed — continued detention at the juvenile detention centre — sentenced to a term of 6 years imprisonment with a non-parole period of 4 years — see also KT v R [2008] NSWCCA 51 for application for leave to appeal against sentence at [9-1340].