Buckley v The Queen [2022] VSCA 138; 71 VR 218
1 judgment
Buckley v The Queen [2022] VSCA 138; 71 VR 218
ChapterAdverse impacts of imprisonment – mandatory sentencing – young offender, 18y – aggravated carjacking
Coram: Maxwell P and T Forrest JA
- As pointed out repeatedly, sending young people to adult gaol is almost inevitably counterproductive: at [6]; See, eg, DPP v Tokava [2006] VSCA 156 [22]–[24]; Azzopardi v The Queen [2011] VSCA 372; (2011) 35 VR 43, 46–7 [4] (Redlich JA); C Cunneen, B Goldson and S Russell, ‘Juvenile Justice, Young People and Human Rights in Australia’ (2016) 28 Current Issues in Criminal Justice 173, 176–7.
- Harms of adult imprisonment: loss of personal autonomy, privacy, and control over choice of activities and associates; strict discipline, restriction of movement; forced association, and risks of violence, bullying, and intimidation; very limited opportunities for rehabilitation; institutional setting induces habits of dependency leading to institutionalisation; criminal activity upon release: at [11]; Boulton v The Queen (2014) 46 VR 248; [2014] VSCA 342.
Chapter: Impacts of Custody and Detention on Young People (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2022 VSCA 138 (opens in a new tab)