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Diversion for an aggravated home invasion charge in the Children’s court
Our client who was 16 was charged with an aggravated home invasion charge in the children’s court. In this case, there is a legal presumption the charge will be dealt with in the County Court.
We listed a summary jurisdiction application to keep our client’s matter in the Children’s Court. The Prosecution opposed the application and submitted that the Children’s Court might not have adequate sentencing scope (the maximum period of detention that could be imposed in the Children’s Court for the charge is 3 years in youth detention).
If the case was heard in the County Court, the judge would have the option of imposing a period of imprisonment in an adult jail.
Outcome:
The Magistrate granted summary jurisdiction and kept our client’s matter in the Children’s Court. Following this, after extended negotiations with the Prosecution, our client received diversion for the matter and avoided a criminal record.
Bail granted in the Supreme Court for a young person
Our client was held in custody on matters listed in the Children’s Court and an adult matter in the Magistrates’ Court for an indictable charge of armed robbery. He was refused bail twice in the Children’s Court for his matters and also refused bail for his adult matter, meaning he was kept in custody.
Outcome:
We were able to quickly negotiate his adult matter to a lesser charge of robbery and list a summary jurisdiction application to keep his matter in the Magistrates’ Court (rather than County Court where an armed robbery charge would be heard).
We were successful with our summary jurisdiction application and asked the Magistrate to grant him bail on the matter and defer sentence. The Magistrate agreed and granted him bail on the adult matter. As he was still in custody for the Children’s Court matters, we listed a bail application in the Supreme Court. He was then granted bail in the Supreme Court and released into the community.
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