Under s 221(1A) of the Criminal Code (WA), the presence of a child at the time of an offence is not a circumstance of aggravation where the offender was a child and that was the only circumstance of aggravation. A prosecution notice that charges a child offender with an offence in circumstances of aggravation based solely on the presence of children is incorrectly framed, and sentencing on the basis of the higher aggravated maximum penalty constitutes material error requiring resentencing. The case also illustrates the application of juvenile justice principles favouring community-based supervision over detention where concrete rehabilitation plans exist.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.