AAC v The Crown

[2012] QChC 23

[2012] QChC 23

THE CHILDRENS COURT OF QUEENSLAND

CRIMINAL JURISDICTION

JUDGE SHANAHAN

A A C	Applicant
v.
THE CROWN	Respondent

BRISBANE

..DATE 21/06/2012

ORDER

HIS HONOUR:  This is an application to extend time for the filing of a sentence review and an application for sentence review by the child.

On the 3rd of May 2012, she was convicted of assaulting or obstructing a police officer and committing a public nuisance.  Those offences occurred on the 2nd of May 2012.  At that time the child was subject to a probation order which had been imposed on the 7th of September 2011.  In relation to the two new offences, she was placed on a probation order for six months and ordered to perform 100 hours of community service.  No convictions were recorded. 

She is presently 16 years of age and has an unfortunate criminal history dating back to June of 2010.  Of most concern in that history are offences of violence including assault occasioning bodily harm, going armed to cause fear and various assault matters.  In 2010, she spent some time in custody as well as for later matters in 2011.  On occasions, she was sentenced to periods of detention to be served by way of conditional release orders.  She had been out of trouble at the time of these offences for something like 12 months and I'm told that alcohol has been her problem, but it is a concerning history, particularly in relation to offences of violence, and this matter also, a public nuisance and obstructing police, was an incident in public when she was abusive and disruptive. 

It seems to me it was open to the learned sentencing Magistrate to impose a community service order as part of the sentence here in the light of her previous history and the new offences.  However, I am of the view that the quantity of the community service of 100 hours is excessive when taken into account that she was also placed on six months' probation.

This is also an application to extend time for the filing of the sentence review because of delays in processing her Legal Aid application.  It was some two weeks out of time.  The Crown concede that they have suffered no prejudice as a result of that delay and it's clear to me that application to extend time should be granted.

I note in this regard the Crown accept the submission that 100 hours was inappropriate in the circumstances but argue that a community service component should still have been imposed.  I am in agreement with that submission.

My orders are that I allow the extension of time for the filing of the sentence review to the 14th of June 2012.  I allow the sentence review.  I reduce the penalty imposed from 100 hours' community service to 40 hours.  All other aspects of the sentence are to remain.

Is that sufficient?

MR HYNES:  Thank you, your Honour.

MR LAW:  Thank you, your Honour.

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