DIRECTOR OF PUBLIC PROSECUTIONS (Cth) v XY (a pseudonym)

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DIRECTOR OF PUBLIC PROSECUTIONS (Cth) v XY (a pseudonym) Supreme Court of VictoriaFox J 15, 23 October 2025[2025] VSC 661Criminal law — Appeal — Commonwealth offences — Sentence of Children’s Court — Whether questions of law be reserved for Court of Appeal — Whether general deterrence applied to sentencing children for federal offences in Children’s Court — Children, Youth and Families Act 2005 (Vic), ss 362, 430VA — Crimes Act 1914 (Cth), s 19B — Judiciary Act 1903 (Cth), ss 68, 79(1).

The Commonwealth Director of Public Prosecutions appealed against a sentence imposed by the Children’s Court on a child for an offence contrary to the Commonwealth Criminal Code. Section 16(2)(ja) of the Crimes Act 1914 (Cth) provided that, in sentencing for a Commonwealth offence, the court must take into account, among other matters, the deterrent effect that any sentence or order under consideration may have on other persons (‘general deterrence’). Section 19B provided for the discharge of offenders without proceeding to conviction.

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