"Provisional Sentencing" for children - R v SLD revisited
Three-year old Courtney Morley-Clarke was taken from her Central Coast home one night in January 2001. When her disappearance was discovered the next morning, police were called and a search was made of neighbouring homes and nearby bush land. The naked body of the child was found soon after in an area of very tall grass, with a stab wound through the heart. SLD, aged 13 years and 10 months at the time, was found guilty of her murder and sentenced to 20 years with a non-parole period of 10 years. His name has been withheld because of his age.
Ever since Wood CJ referred his reasons for sentencing in the decision of R v SLD [2002] NSWSC 758 to the Criminal Law Review Division for consideration for amending the laws for the sentencing of children under the age of fifteen who have committed serious crimes that attract maximum sentences of twenty five years or more, this issue has been subject to much debate and discussion.
The NSW Sentencing Council have completed reviewing the laws sentencing children convicted of murder and published its report "Provisonal Sentencing for Children". Members of the public have until 31 January 2010 to comment on the proposed changes to the present sentencing laws.
Under the new regime, a court could impose a provisional sentence if the offender's age did not permit a proper psychological assessment to be carried out. With young children who have committed very serious crimes, it can initially be difficult to determine whether the presence of a serious psychological disorder poses an ongoing risk for community safety. The new legislation would permit the court to impose a final sentence once the child matures, taking into account any mental health conditions that have emerged. The court could also review a provisional sentence after two years, at the mid-point of the non-parole period, or when it otherwise deems necessary, and the child could also apply at any time for a final determination of the sentence. Provisional sentencing would be a departure from exisiting laws which provide for finality in all sentencing decisions.

