Courts should get tougher on young offenders to deter them from a life of crime, a Wollongong District Court judge said yesterday.
Judge Paul Conlon acknowledged that children's court magistrates had rehabilitation in mind when they sentenced juveniles, but he was frustrated at the revolving door nature of the justice system for many young offenders.
"(Magistrates) keep hitting them over the wrist and letting them walk out of the door," Judge Conlon said.
"What that builds up in the young offender's (mind) is they believe there is no real price to pay for bad behaviour.
"Magistrates wave a finger and tell them they have been very naughty little boys and they walk out the door."
Judge Conlon made his comments during an appeal against the severity of a sentence for an 18-year-old, who cannot be identified as he was a minor at the time of his offences.
The teenager was charged with reckless driving, mid-range drink-driving and driving while disqualified after being involved in a high speed police pursuit, which ended with a collision with another vehicle.
On 12 months' probation for a robbery at the time, he was sentenced to serve that term in detention with an additional six months for the driving charges. He was disqualified from driving for five years.
Judge Conlon noted criminal history to October 2001. In January 2007 the teen was sentenced to juvenile detention for four months, but within months of his release was offending again.
"It's a great shame the magistrates have not gotten hold of (the juvenile) well before now and placed him under a lengthy control order because nothing was going to stop him ...," Judge Conlon said.
The court heard the teenager was given cigarettes, alcohol and cannabis from the age of nine and often missed school, leaving him with poor literacy.
"No-one's ever grabbed him by the scruff of the neck and said: 'You're going to this institution, you're going to attend your courses so by hook or by crook you're going to get an education," Judge Conlon said.
He confirmed the teenager's sentence but reduced the driving disqualification by a year.
The matter was followed by an unrelated sentence appeal by a 14-year-old who had stabbed a student at his school.
He had been sentenced to 12 months' detention with three months' non parole.
The court heard the boy had been under DOCS care, but the department allowed him to live with a friend where he was given drugs and alcohol daily.
"The only thing I think the magistrate has done wrong is impose a non-parole period of three months," the judge said.
"He should have been in there for at least 12 months."
Judge Conlon said the boy was behaving positively in detention. The original sentence was confirmed.