Page:Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs.pdf/15

Beech-Jones J

Children's Court when he was under the age of 16 years for all but presently immaterial purposes.

During the period of the plaintiff's appearances before the Children's Court, Pt 2 of the Children Proceedings Act contained various provisions applicable to any court exercising criminal jurisdiction and any criminal proceedings before such a court. Part 3 addressed the conduct and disposition of criminal proceedings in the Children's Court. The Children's Court was vested with jurisdiction to hear and determine proceedings in respect of any offence other than a "serious indictable offence", and committal proceedings in respect of any indictable offence, including a serious indictable offence, if the offence was alleged to have been committed by a person who was a child at the time the offence was committed and was under the age of 21 years when they were charged before the Children's Court. "Child" was defined as a person under the age of 18 years.

Within Pt 2, s 6 specified various principles applicable to the exercise of criminal jurisdiction by any court with respect to children, including that "children who commit offences bear responsibility for their actions but, because of their state of dependency and immaturity, require guidance and assistance".

Within Div 3 of Pt 2 was s 14, which provided:

"Recording of conviction

(1) Without limiting any other power of a court to deal with a child who has pleaded guilty to, or has been found guilty of, an offence, a court:


 * (a) shall not, in respect of any offence, proceed to, or record such a finding as, a conviction in relation to a child who is under the age of 16 years, and


 * (b) may, in respect of an offence which is disposed of summarily, refuse to proceed to, or record such a finding as, a conviction in relation to a child who is of or above the age of 16 years.

(2) Subsection (1) does not limit any power of a court to proceed to, or record such a finding as, a conviction in respect of a child who is