2025/00085681
| Date | Party | Submission |
|---|---|---|
| 5/5/2025 | Appellant | Notice of Appeal (PDF, 84.5 KB) |
| 5/9/2025 | Appellant | Amended Summary of Argument (PDF, 576.2 KB) |
| 2/6/2025 | Respondent | Response (PDF, 77.4 KB) |
| 18/8/2025 | Submissions of Contradictor (PDF, 325.2 KB) | |
| 26/8/2025 | Respondent | Reply (PDF, 91.9 KB) |
| 5/9/2025 | Appellant | Reply (PDF, 185.1 KB) |
PROCEDURE – the applicant seeks leave to appeal from a decision of Basten AJ overturning a Children’s Court control order. The President of the Children's Court imposed an aggregate control order of three years on the respondent. The respondent lodged an appeal under Pt 3 of the Crimes Appeal and Review Act 2001 (NSW) alleging that the sentence was excessive. Because the original orders were made by the President of the Children's Court, section 22A of the Children's Court Act provides that that appeal "is to be treated" as an appeal to the Supreme Court. Basten AJ held that the President's Court has no power to order an aggregate order for three years. The applicant contends that Basten AJ misconstrued section 33A of the Children (Criminal Proceedings) Act 1987 (NSW) by reading it with section 33(1)(g), which provides that the court may commit the person "for such period of time (not exceeding 2 years) as it thinks fit". The applicants contends that this has the irrational result that an aggregate control order, under s 33A, has the same limit as a single control order, under s 33.
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