The principles in s 6 of the Children (Criminal Proceedings) Act 1987 (NSW) have reduced application where the offence is one of substantial seriousness and the offender acted as an adult, notwithstanding the offender's youth. A sentencing judge's failure to expressly refer to s 6 does not itself amount to an error of law. A decision to deal with a juvenile offender in the Children's Court simply because of age, without considering the seriousness of the offence as required by s 18(1A), would breach the statutory requirements.
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