SS v R

KIRBY J : On 28 May 2010, I sentenced SS to imprisonment with a non parole period of 3 years 4 months to date from 9 January 2008 and to expire on 8 May 2011, with a total sentence of 5 years 11 months to date from 9 January 2008 and to expire on 8 December 2013. He will be eligible for release to parole on 8 May 2011.

At the same time, application was made that he serve the balance of his term in a juvenile justice centre. The information before me, when sentencing, did not appear to address the issue of special circumstances required under s 19(3) of the Children (Criminal Proceedings) Act 1987. I gave leave to make further application.

Further application has now been made on Notice of Motion, supported by affidavit from the solicitor for the applicant. SS is currently studying for his Higher School Certificate and is enrolled at the Girrakool Education and Training Unit. He is undertaking a number of subjects and to a very high standard. The material annexed includes documents from the Principal and Assistant Principal of the Girrakool School, as well as the George Anderson Walpole School (within the Kariong Juvenile Correctional Centre) in which SS is also enrolled. He is described as an enthusiastic participant.

As in the companion matter of AC, which in many ways is very similar, I am satisfied that special circumstances have been established which justify an order that SS remain at the juvenile centre for the balance of his term. Order.

I therefore make the following order: That, pursuant to s 19(3)(a) of the Children (Criminal Proceedings) Act 1987, the applicant SS serve the remainder of his sentence, before release to parole, as a juvenile offender.