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Justice Gray (2001). R v Police. No. SCCIV-02-1261 [2002] SASC 403. 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)


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