The Queen v Hill, Andrew Richard

Re: THE QUEEN
And: ANDREW RICHARD HILL (1982) 60 FLR 302
No. NTG 1 of 1982
Criminal Law

COURT

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
Toohey(1), McGregor(1) and Sheppard(1) JJ.

CATCHWORDS

Criminal Law - juvenile convicted of rape and wounding - appeal by Crown - revocation of suspended sentences - principles of sentencing - detention of juvenile offenders.

Criminal Law (Conditional Release of Offenders) Act (NT) s.5

On appeal from the Supreme Court of the Northern Territory of Australia

Nos. 370-371 of 1981

Criminal Law - Sentencing - Adequacy - Juvenile convicted of rape and wounding - Custodial sentence suspended - Appeal by Crown - Criminal Law (Conditional Release of Offenders) Act 1971 (N.T.), s. 5.

HEADNOTE

Held, that in sentencing a convicted juvenile his youth is an important consideration even in a serious crime. However, youth notwithstanding, courts have found it necessary to impose a custodial sentence for a serious crime of violence.

R. v. Flaherty (1968), 89 WN (Pt 1) N.S.W. 141; R v. Prindable (1979), 23 ALR 665; R. v. Roberts, (1982) 1 WLR 133, applied.

Discretion of Crown to indict juveniles before the Supreme Court discussed.

HEARING

Darwin, 1982, May 28; June 4. #DATE 4:6:1982

APPEAL.

Appeal by the Crown against orders of the trial judge imposing a custodial sentence but suspended on condition that the respondent enter into, inter alia, a recognizance that he be of good behaviour for a period of three years.

The facts appear from the judgment of the court.

I. McC. Barker Q.C. and A. Cavit, for the appellant.

D. H. Avery, for the respondent.

Cur. adv. vult.

Solicitor for the appellant: G. R. Nicholson, Northern Territory Crown Solicitor.

Solicitor for the respondent: Australian Legal Aid Office.

H. W. FRASER

ORDER

1. The appeal be upheld.

2. The order of the learned trial Judge be varied by revoking the suspension of the sentences and the provisions as to the bond.

3. There be a non-parole period of 12 months.

4. The sentences are to date from the taking of the respondent into custody and to be served concurrently.

5. The matter be remitted to the Supreme Court of the Northern Territory for execution. Orders accordingly.

JUDGE1

On 14 December 1981 the respondent Andrew Richard Hill pleaded guilty before a Judge of the Supreme Court of the Northern Territory to a charge of rape and to a second charge of unlawfully and maliciously wounding with a spanner the female mentioned in the first charge. On 15 December 1981, the learned trial Judge sentenced the respondent to imprisonment with hard labour for four years on the first charge and to imprisonment with hard labour for nine months on the second.

Pursuant to s.5 of the Criminal Law (Conditional Release of Offenders) Act 1971, he directed that the respondent be released forthwith upon his giving security himself in the sum of $500.00 by recognizance that he be of good behaviour for a period of three years,…