R v MKL

The case of R v MKL involves an appeal against the sentence imposed by the Children's Court on the applicant for the offence of breaking and entering premises and stealing. The applicant, who was 13 and a half years old at the time of the offence, broke into the offices of a community service organisation and stole $2 in coins, a set of headphones, and a set of keys. The applicant had a prior criminal history and spent 61 days in custody before being released on bail. The trial judge did not take the presentence custody into account when sentencing for this offence, as it could be taken into account in the subsequent charges. The applicant contends that the sentence was manifestly excessive.

The legal issues before the court were whether the sentence was manifestly excessive and whether the trial judge erred by not taking into account the presentence custody. The court considered the appropriate period for probation and the applicant's rehabilitation, and found that a period of probation longer than 12 months would not reflect the consistent application of sentencing principles. The court also noted the applicant's conduct recorded in the Youth Justice Service Centre, particularly since his release in August 2015.

The court concluded that the application for leave to appeal against sentence should be granted, and the sentence imposed on the applicant should be replaced with a sentence that he be subject to a probation order for a period of 12 months from the date of the sentence in the Children's Court. The appeal was allowed and the orders made on 8 March 2016 were set aside to the extent that they ordered the applicant to perform 30 hours of community service. The sentence imposed on 8 March 2016 was otherwise confirmed.