Where Parliament has enacted legislation extending the Children's Court jurisdiction to encompass offenders of a particular age, and that legislation has received Royal Assent but not yet commenced, a sentencing judge in an adult court must give weight to Parliament's judgment that such offenders should be dealt with as children, and should accordingly reduce the weight given to general deterrence. The question of whether general deterrence is entirely excluded from Children's Court sentencing under s 139(1) of the Children and Young Persons Act 1989 was expressly left open.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.