R v Matthew Cole (a pseudonym) (No 2)

District Court

New South Wales

Medium Neutral Citation:

R v Matthew Cole (a pseudonym) (No 2) [2022] NSWDC 239

Hearing dates:

29 November 2021, 1 December 2021, 8 December 2021; 10 February 2022

Date of orders:

25 March 2022

Decision date:

25 March 2022

Jurisdiction:

Criminal

Before:

Sutherland SC DCJ

Decision:

At [10]

Catchwords:

CRIME – Sentence – s 19 Children (Criminal Proceedings) Act 1987 – Special circumstances – Detention in a juvenile facility

Legislation Cited:

Children (Criminal Proceedings) Act 1987 (NSW)

Cases Cited:

R v AN [2014] NSWSC 1879

R v AN (No.2) [2015] NSWSC 308

Category:

Sentence

Parties:

Crown
Matthew Cole (a pseudonym)

Representation:

Counsel:
Crown: Mr K Prince
Defence: Mr A Radojev

Solicitors:
Crown: Solicitor for Public Prosecutions
Defence: Mr M Stidwill

File Number(s):

2020/224974; 2021/040610

Publication restriction:

Prohibition on publication of the offender’s name or any matters that might identify him.

sentence

1. On 10 February 2022, I delivered extensive remarks on sentence and, in due course, passed a sentence of eight years imprisonment with a four year non-parole period on this young person. I noted, of course, the restrictions contained in s 19 of the Children (Criminal Proceedings) Act 1987 (NSW) and the circumstance that the mandatory place of detention for a person over the age 18 is in an adult correctional facility unless the “special circumstances” set out in s 19 are made out.

2. I followed the course taken in R v AN [2014] NSWSC 1879 by Hall J who was confronted in those proceedings with a young person in respect of whom, at the time of passing sentence, there was a paucity of evidence justifying a determination under s 19 that he be detained for the period of incarceration in a juvenile detention institution. His Honour stood the proceedings over part heard despite having passed sentence for the purpose of the obtaining of a report to deal with that issue.

3. I took the same course in these proceedings and accordingly adjourned the proceedings before myself and directed that Juvenile Justice obtain a report specifically focused on the question of the matters raised in s 19(4)(b) and (c) in particular and gave leave to the representatives of the offender to file any additional material that they saw fit. Material was forwarded through from the instructing solicitor of Mr Radojev on behalf of the young offender which was sourced from various of the case workers involved directly with him.

4. This morning, the actual confidential report being described as an addendum to the sentencing report, prepared under the hands of the case worker directly involved with the offender and also the assistant manager of Juvenile Justice at the relevant office, arrived shortly before Court was due to commence this morning.

5. It sets out in terms, despite some syntactical and grammatical errors contained in it, in essence, what is said to be three particular matters identified as making Matthew Cole eligible or suitable for a s 19 order, in the opinion of the authors of the report.

6. I…