When sentencing for historical offences committed by a juvenile, the sentencing court must specifically consider the sentencing regime applicable to juveniles at the time of the offences. Failure to refer to the applicable statutory regime (here the Child Welfare Act 1939 (NSW)) constitutes a House v The King error, even where the court was referred to a subsequent statutory regime with similar options. However, such error does not necessarily result in a lesser sentence where the offending is objectively serious and considerations of deterrence and denunciation apply.
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