SB v Heath

The appellant, SB, a 15-year-old youth, sought to appeal against sentences handed down in the Children's Court of Victoria. SB's appeal was brought to the Supreme Court of Victoria, which was required to determine whether the court should dispense with non-compliance of conditions precedent to the right of appeal, specifically in light of SB's age and his counsel's failure to inform him of his right to appeal. The court was also required to decide whether the learned Judge had erred in not ordering a pre-sentence report, in not imposing a sentence disposition other than detention, and in proceeding to sentence SB in the absence of a responsible adult.

The court held that ignorance of the law is no excuse and thus refused the application to dispense with non-compliance of conditions precedent to the right of appeal. The court found that SB's age and counsel's failure to inform him of his right to appeal did not excuse his non-compliance with the conditions precedent. The court further held that the learned Judge had not erred in not ordering a pre-sentence report, in not imposing a sentence disposition other than detention, or in proceeding to sentence SB in the absence of a responsible adult.

The appeal was dismissed. The court did not make any orders in relation to the appeal.