Where an offender was under 18 at the time of the offence and the offence is not a 'serious children's indictable offence' under s 3 of the Children (Criminal Proceedings) Act 1987 (NSW), the sentencing judge must consider whether the offender should be dealt with at law or under Division 4 of Part 3 of the Act, and must obtain a background report under s 25. Failure to do so renders the sentence invalid and the matter will be remitted for resentencing.
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