Dennis v R

[2024] NSWCCA 137

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Application for leave to appeal
5. › Error of fact by sentencing judge
6. › Whether sentencing judge mistook facts in finding aggravating circumstances for Form 1 offence
7. › Whether presence of child was an agreed fact or merely part of surrounding circumstances
1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Application for leave to appeal
5. › Error of law
6. › Admissibility of juvenile criminal history on sentence
7. › Whether s 15 of Children (Criminal Proceedings) Act 1987 (NSW) prohibits admission even where used in mitigation
8. › Children (Criminal Proceedings) Act 1987 (NSW), ss 14, 15
1. Criminal Law
2. › Sentencing
3. › Form 1 offences
4. › Effect on sentence for principal offence
5. › Assessment of objective seriousness of Form 1 offence
6. › Enhanced need for personal deterrence and denunciation
1. Criminal Law
2. › Sentencing
3. › Re-sentencing on appeal
4. › Aggregate sentence
5. › Subjective circumstances
6. › Indigenous offender
7. › Intellectual disability
8. › Substance abuse
9. › Prospects of rehabilitation

Quick Take

Section 15 of the Children (Criminal Proceedings) Act 1987 (NSW) operates as an absolute prohibition on the admission of juvenile criminal history in adult sentencing proceedings where the pre-conditions are met, regardless of whether the material is used for or against the offender.

Case Details

Citation[2024] NSWCCA 137

CourtNSWCCA

JurisdictionNew South Wales

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Relies on4

2020Dungay v RNSWCCA 209
2019Newman (a pseudonym) v RNSWCCA 157
2017Fayad v RNSWCCA 81
2014Kentwell v The QueenHCA 37

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