Cook v Nash & Anor [2007] NTSC 14
PARTIES:SASHA MARY KATHLEEN COOK
v
MARK STEPHEN NASH
RENAE MOANA McGARVIE
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING APPELLATE JURISDICTION
FILE NOS:JA 4 of 2006 and JA 5 of 2006 (20512155, 20512790)
DELIVERED: 22 February 2007
HEARING DATES: 12 May 2006
JUDGMENT OF: SOUTHWOOD J
CATCHWORDS:
JUSTICES APPEAL – Justices Act – juvenile offender – sentencing – appeal against conviction and sentence – schoolgirl with no record – influence of older offender – (NT) Juvenile Justice Act 1983 s 53 – appeal allowed – convictions quashed – appellant re-sentenced
Girrabul v The Queen [2003] NTSC 101; R v Hearne (2001) 124 A Crim R 451; Simmonds v Hill (1986) 38 NTR 31; Wood v Samuels (1974) 8 SASR 465, applied
R v Bell (1999) 30 MVR 115; M v Waldron (1988) 56 NTR 1; 90 FLR 355; Nelson v Chute (1994) 72 A Crim R 85; P (a minor) v Hill (1992) 110 FLR 42; R v GDP (1991) 53 A Crim R 112; R v Sherpa (2001) 34 MVR 345; Smith [1964] Crim LR 70; R v Toombs (2001) 34 MVR 509; R v Tran (2002) 4 VR 457; Yovanovic v Pryce (1985) 33 NTR 24, referred to
REPRESENTATION:
Counsel:
Appellant:G Bryant
Respondents: J Down
Solicitors:
Appellant:Northern Territory Legal Aid Commission
Respondents: Office of the Director of Public Prosecutions
Judgment category classification: B
Judgment ID Number: Sou0740
Number of pages: 18
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINCook v Nash & Anor [2007] NTSC 14
Nos JA 4 of 2006 and JA 5 of 2006 (20512155 and 20512790)
IN THE MATTER OF the Justices Act
AND IN THE MATTER OF an appeal against sentence of the Juvenile Court at Darwin
BETWEEN:
SASHA MARY KATHLEEN COOK
Appellant
AND:
MARK STEPHEN NASH
AND:
RENAE MOANA McGARVIE
Respondents
CORAM: SOUTHWOOD J
REASONS FOR JUDGMENT
(Delivered 22 February 2007)
Introduction
These are appeals against sentence under s 58 of the Juvenile Justice Act.
On 23 December 2005 the appellant pleaded guilty to three offences with which she was charged in the Juvenile Court. She received the following sentences. First, for the offence of unlawfully damaging a Holden utility being the property of Mr Stefan Magoulas on 22 May 2005 at Darwin contrary to s 251(1) of the Criminal Code the appellant was convicted and ordered to do 56 hours of unpaid community work within two months of being convicted. Secondly, for the offence of stealing the front left exterior rear view mirror of a Holden utility being the property of Mr Magoulas on 22 May at Darwin contrary to s 210 of the Criminal Code the appellant was convicted and ordered to do 24 hours unpaid community work within two months of being convicted. Thirdly, for the offence of doing a dangerous act on 27 May 2005 at Darwin contrary to s 154(1) of…
Continue reading Cook v Nash & Anor
Sign in free to access the full text
- AGLC
- Cook v Nash [2007] NTSC 14
- Case
- [2007] NTSC 14
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide included whether the presiding magistrate applied the appropriate sentencing principles for juveniles and whether the sentences imposed were proportionate and conducive to the appellant's rehabilitation. The court considered whether the magistrate adequately recognised the diminished culpability of the appellant, a first-time offender, and whether the sentences imposed were excessive in light of the appellant's prospects for rehabilitation.
The court found that the presiding magistrate failed to apply the sentencing principles appropriate for juveniles, giving undue weight to punishment and the objective facts of the case. The court held that it was an error to take a period of detention as the starting point for all of the offences faced by the appellant. The court emphasised that in cases involving juvenile offenders, the primacy of rehabilitation should not be diminished by reference to the seriousness of the offence. The court quashed the appellant's convictions and re-sentenced her, taking into account the principles enunciated in Simmonds v Hill and Girrabul v The Queen. The court found that the sentences imposed were manifestly excessive and not conducive to the appellant's rehabilitation.
The court ordered that the convictions be quashed, and the appellant be re-sentenced in accordance with the principles of juvenile justice, with a focus on rehabilitation and the appellant's prospects for becoming a law-abiding citizen. The court also considered the need to minimise the stigma resulting from a court determination and to avoid amplifying the juvenile offender's deviance.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.