Ss v R

[2010] NSWSC 674

CITATION:	SS v R [2010] NSWSC 674
HEARING DATE(S):	23 June 2010
JUDGMENT DATE :	23 June 2010
JURISDICTION:	Common Law Criminal List
JUDGMENT OF:	Kirby J
DECISION:	Pursuant to s 19(3)(a) of the Children (Criminal Proceedings) Act 1987, the applicant SS serve the remainder of his sentence, before release to parole, as a juvenile offender.
CATCHWORDS:	CRIMINAL LAW - juvenile convicted of manslaughter - application to serve prison term in juvenile centre - whether special circumstances as defined - HSC courses not offered by adult gaols - order that juvenile remain in juvenile centre to complete education.
LEGISLATION CITED:	Children (Criminal Proceedings) Act 1987
CATEGORY:	Consequential orders
PARTIES:	SS Regina
FILE NUMBER(S):	SC 2009/3474
COUNSEL:	P Barrett (Crown) M Austin (SS)
SOLICITORS:	L Burgoyne - DPP (Crown) J Grix - LAC (SS)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

JUSTICE DAVID KIRBY

Wednesday 23 June 2010

2009/3474 REGINA v “SS”

JUDGMENT ON MOTION

1 KIRBY J: On 28 May 2010, I sentenced SS to imprisonment with a non parole period of 3 years 4 months to date from 9 January 2008 and to expire on 8 May 2011, with a total sentence of 5 years 11 months to date from 9 January 2008 and to expire on 8 December 2013. He will be eligible for release to parole on 8 May 2011.

2 At the same time, application was made that he serve the balance of his term in a juvenile justice centre. The information before me, when sentencing, did not appear to address the issue of special circumstances required under s 19(3) of the Children (Criminal Proceedings) Act 1987. I gave leave to make further application.

3 Further application has now been made on Notice of Motion, supported by affidavit from the solicitor for the applicant. SS is currently studying for his Higher School Certificate and is enrolled at the Girrakool Education and Training Unit. He is undertaking a number of subjects and to a very high standard. The material annexed includes documents from the Principal and Assistant Principal of the Girrakool School, as well as the George Anderson Walpole School (within the Kariong Juvenile Correctional Centre) in which SS is also enrolled. He is described as an enthusiastic participant.

4 As in the companion matter of AC, which in many ways is very similar, I am satisfied that special circumstances have been established which justify an order that SS remain at the juvenile centre for the balance of his term.

Order.

5 I therefore make the following order:

That, pursuant to s 19(3)(a) of the Children (Criminal Proceedings) Act 1987, the applicant SS serve the remainder of his sentence, before release to parole, as a juvenile offender.
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