He Case: Police v CW paper

Assessment 2: Workbook One (25%)

Purpose of Workbook

Apply your knowledge of the nature and extent of youth crime to analyse a real case scenario.

What you need to do:

1. Read ‘The Case: Police v CW [2012] NSWChC 16’.
2. Create a mind map on the module topic: ‘Nature and Extent of Youth Offending’
3. Write a 750 word (+/- 10%) analysis in which you identify and apply at least one concept from your mind map to inform an understanding of the offences committed by CW.
4. The submission MUST include both a copy of the mind map you created and the 750 word (+/- 10%) analysis.
5. You MUST make use of the essential readings for Module Topic 2 as part of your analysis. Be sure to reference the authors, in-text and in the reference list (See the marking criteria for Assessment 2: Workbooks on vUWS for more on the assessment requirements).
6. This Word document can serve as the template for your workbook submission. The document contains sub-headings under which you can include each component of the workbook.

  The Case[1]: Police v CW [2012] NSWChC 16   This is a case where a young person is to be sentenced, and the defence is doing everything to convince the court not to order him to serve a period of detention for breaching a suspended control order.   Chronology of encounters with crime:   CW was born on 10 September 1997.   On 25 November 2011 CW was sentenced to a suspended control order[2] for nine months for two offences of malicious damage, two offences of intimidate police, and one of assault police causing actual bodily harm, again following a plea of guilty. CW was homeless and without any form of government assistance. He was drunk and the police detained him as an intoxicated person. The police tried to find a responsible adult who would take him in, but were unsuccessful. As a last resort, they decided to take him to his mother’s place. When police advised CW that he was to be taken home he became abusive and threatening and spat on the upper pants and lower shirt of one of the police. His mother would not have him. He tried to run off, and there was a violent confrontation with the police. Eventually he was sprayed with OC spray [3]and restrained. Two police were injured in the violent struggle, with Sergeant Hamilton receiving bruising to his left little finger, neck and right knee. Senior Constable Turner suffered similar injuries to her right thumb and left index finger. The malicious damage involved urination and scratched paint whilst in the dock.   On 1 June 2012, CW was found to be in possession of 0.50 grams of cannabis. He was arrested and taken to Byron Bay police station. He pleaded guilty to this offence on 21 June 2012 when the matter first came before Ballina Court.   On 2 June 2012, police spoke to CW about his apparent possession of alcohol. He swore at the police. The police arrested him for offensive language. There was a struggle during which Detective Tutt’s wrist was bent back. Detective Tutt punched CW in the head. He was handcuffed and then made threats to the police. On 27 July 2012, CW pleaded guilty to the offences of assault police (not occasioning actual bodily harm), resist police and offensive language.    

[1] The content presented here is an adaptation of an original case dealt with by the Children’s Court of NSW, Police v CW [2012] NSWChC 16. This adaptation includes only those parts of the original judgement relevant to a learning exercise in unit 102699 Youth Justice and Practice. Nonetheless, the content shown here includes parts of the original judgement, making this an authentic learning exercise.

[2] The court can impose a control order (time in custody) and then suspend it, provided the child enters into a bond to be of good behaviour. If the bond is broken, the child may then have to serve the entire control order in custody (i.e. detention centre).

[3] Oleoresin capsicum (OC) or more commonly known as, “pepper spray.”