YKC graduation — minor and aggravated break and enter offences — participated in YKC and no further offending — employed — leader in community — less serious matters dismissed under s 33(1)(a)(i) and bonds imposed under s 33(1)(a)(i) for more serious matters.

Thomas is Wiradjuri and Kamilaroi — suffers from attention deficit hyperactivity disorder, oppositional defiant disorder, post-traumatic stress disorder and mild intellectual disability — removed from parents when 1 and lived in multiple short-term family and refuge placements — removed from culture — guilty of threatening others with knife, arson on train — participated in YKC and no further offending — secured job and home — graduation from Youth Koori Court — matter dismissed with a caution under s 33(1)(a)(i).

YKC graduation — 13 or 14 years at time of offending — 1 count affray, 5 counts assault occasioning bodily harm and assault — young person part of juvenile criminal network — 26 prior charges — young person complied with Action and Support Plan — no matters of violence for over 12 months — causal connection between mental health and commission of offences reducing moral culpability: Muldrock v The Queen (2011) 244 CLR 120 — charges dismissed under s 33(1)(a) Children (Criminal Proceedings) Act 1987.

Child 13 years old at time of offending — extensive criminal history with over 40 charges — 21 prior admissions into youth detention — child is Kamilaroi and Yuin — admitted to YKC — Action and Support Plan developed to reduce personal risk factors related to re-offending — child has not offended for 3 years — plan complied with and exceeded — prior offences dismissed under s 33(1)(a) Children (Criminal Proceedings) Act 1987.

Appropriate forum for sentencing — Children’s Court best placed to administer the requirements of the Children (Criminal Proceedings) Act 1987 and rehabilitation outcomes, and can to refer to the Youth Koori Court (YKC) — remittance to Children’s Court under s 20 Children (Criminal Proceedings) Act for purpose of imposing penalties — recommend referring defendant to YKC.

Appellant pleaded guilty to one charge of armed robbery and one charge of theft — sentenced to 5 years imprisonment with non-parole period of 3 years — insufficient weight given to appellant’s youth, deprived background and Aboriginality — insufficient weight given to the appellant’s engagement with the Koori Court process — history of re-offending and previously used Koori Court to mitigate sentence — Koori Court has power to inform itself, but no obligation to request “Gladue” reports — appeal dismissed.