Corrections Community

The   The NSW Sentencing Council is currently examining the issue of provisional sentencing for serious young offenders. Advice is sought on whether a court   

Spec should have the ability to sentence a young offender to an indeterminate sentence, with provision for review and resentencing at a later date,

for e  example at the age of 21 years, or after 5 years in custody.

The   We are looking at restricting the range of cases where such a sentence would apply to those cases:

• - involving juveniles who are convicted of offences attracting a possible maximum sentence of 25 years or more,
• - who are aged less than 15 years at the time of the offence, and
• - where the information available at the time of sentencing does not permit the Court to make a proper assessment as to the presence or likely 
•   development of a serious personality or psychiatric disorder, and/or propensity for future dangerousness.”
•   (per Wood CJ at CL in R v SLD [2002] NSWSC 758 at [147]).
• A precedent exists in England and Wales which was applied in the case of the two young boys who were guilty of the abduction and murder of Jamie Bulger, see R v Secretary of State for the Home Department; Ex Parte Venables Court of Appeal [1998] AC 407, House of Lords [1998] AC 467 and Re Thompson [2001] 1 All ER 737.
• I would appreciate any advice  / references to material or contacts that you could refer me to.
• Thanks,
• Kath McFarlane
• Executive Officer, NSW Sentencing Council, NSW AUSTRALIA