R v Police. No. SCCIV-02-1261 [2002] SASC 403.

Source: (2001) Supreme Court of South Australia.

Appeal against sentence- Young Offender. The appellant and others stole a letter box and caused damage to school property after attending two parties – alcohol and drugs consumed – appellant pleaded guilty on the basis of joint enterprise and was convicted, sentenced to two months detention – suspended – ordered to perform community service – whether magistrate erred in failing to consider the utility of referring the matter to a family conference – statutory diversion and its purpose in the Young Offenders Act 1993 (SA) – the fettered police discretion to divert – the unfettered judidical discretion to divert – no consideration given by magistrate to the impact of convictions on appellant – whether error in recording convictions – the power to impose a period of detention without recording a conviction – the ambit of section 16 of the Criminal Law (Sentencing) Act 1988 (SA) and section 17 of the Young Offenders Act – erroneous approach to proceed on the basis that no power to order a period of detention without imposing a conviction – impact of convictions – importance of rehabilitation when dealing with young offenders – the effect of a curfew on sentence – partial deprivation of liberty is a relevant factor to be considered when sentencing – principles governing the reception of fresh evidence – whether new information about the possible inability to obtain a visa overseas was evidence in the nature of fresh evidence – whether appellant’s decision to undertake additional community service as a permanent volunteer with the Country Fire Service over and above his ordered community service obligations was in the nature of fresh evidence – error demonstrated – appeal allowed – appellant re-sentenced. (excerpt)