Criminal law – Offences – Sentence – Using a carriage service to solicit child pornography material – Using a carriage service to procure a person under the age of 16 years to engage in sexual activity – Making an unwarranted demand with menaces – Where applicant sent messages to the victim to procure sexual activity – Where applicant sought money from the victim in exchange for destroying photographs she had sent to him – Where the findings of the sentencing judge largely favourable to the applicant – Applicant barely 18 years of age at the time of the offending – Victim 15 years of age – Not a case of grooming – Serious mental health issues prevailing at the time of the offending – Sentence of 4 years and 4 months imprisonment with a non-parole period of 2 years manifestly excessive in the circumstances – Applicant re-sentenced
EVIDENCE — Discretions — Exclusion of evidence — Criminal proceedings –Objection to admissibility of alleged confession to murder – Confession contained in typewritten record of interview dated 29 April 1971 – Accused aged 17 years at time of interview – No parent, guardian, adult or lawyer present at interview – s 13 Children (Criminal Proceedings) Act 1987 (NSW) applies – Whether "proper and sufficient reason" for absence of a support person considered – No rules mandating presence of support person in 1971 – Low intellect, immaturity, disturbed upbringing, disturbed mental state and personal vulnerability of accused considered – Record of interview inadmissible in the "particular circumstances of the case"
ADMINISTRATIVE LAW – Judicial review – Parens patriae – Orders sought in relation to proceedings on foot in the Children's court and restoration supervision and parental responsibility of children – whether orders of prohibition and declaratory relief should be made – whether orders as to day to day care of child should be made – orders refused ADMINISTRATIVE LAW – Judicial review – Grounds of review – Error on the face of the record – Children's Court has no role in calling or testing evidence – Briginshaw v Briginshaw  HCA 34 ADMINISTRATIVE LAW – Judicial review – Grounds of review – Jurisdictional error ADMINISTRATIVE LAW – Judicial review – Grounds of review – Denial of procedural fairness FAMILY LAW AND CHILD WELFARE – Child welfare under State legislation – Children and Young Persons (Care and Protection) Act 1998 (NSW) , Div. 2 Pt 2 – Order requiring not the production of documents but their creation
Child welfare - care and protection of children - care and protection orders - appeal from Children's Court to District Court - application for leave to apply to Children's Court to rescind orders made
CHILDREN - Care and Protection - whether there is a realistic possibility of restoration of children to their parents following their removal-s83 Care Act
Department of Family and Community Services (DFaCS) and the Prince Children  NSWChC 2
CHILDREN – Care and Protection – whether the child is in need of care and protection: s 90 Children and Young Persons (Care and Protection) Act 1998