Iau v The Queen

[2018] QChC 10

CHILDRENS COURT OF QUEENSLAND

CITATION:

IAU v The Queen [2018] QChC 10

PARTIES:

IAU

(applicant)

v

The Queen

(respondent)

FILE NO/S:

8/2018

DIVISION:

PROCEEDING:

Sentence review

ORIGINATING COURT:

Mareeba Childrens Court

DELIVERED ON:

3 May 2018

DELIVERED AT:

Brisbane Childrens Court

HEARING DATE:

3 May 2018

JUDGE:

Dearden DCJ

ORDER:

1.   Application for sentence review granted;

2.   Confirm the order imposed at the Mareeba Childrens Court on 18 December 2018, other than to set aside the order that convictions be recorded in respect of each of the offences of wilful damage, wilful damage and wilful damage by graffiti, and substitute orders that no conviction will be recorded with respect to each of those offences

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING OF JUVENILES - application for sentence review – where the only aspect sought to be reviewed is the recording of convictions in respect of three charges of wilful damage -  where the applicant child was 14 years of age at the time of offending – where the applicant child has a significant and relevant criminal history – where convictions should not have been recorded, even though a detention order to be served by way of conditional release was the appropriate sentence in the circumstances – where the applicant child should be given another opportunity for rehabilitation and reintegration into the community

COUNSEL:

D.J Law for the applicant

C. Tan for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

Office of the Director of Public Prosecutions for the respondent

1. This is an application for sentence review by the applicant IAU.  The applicant was dealt with in the Mareeba Childrens Court in respect of the following offences:

1.          wilful damage (between 21/9/2017 and 24/9/2017);

2.          wilful damage (7/11/2017); and

3.          wilful damage by graffiti (31/10/2017).

1. The applicant pleaded guilty on 7 November 2017 and was sentenced on 18 December 2017.  This application for a review of the sentence was filed on 8 January 2018, and the only aspect of the sentence that is sought to be reviewed by way of a sentence review application is the recording of convictions in respect of the three charges of wilful damage.

1. The applicant was born on 7 November 2002 and was 14 years of age at the time of the offending and is 15 years old now.  The child has a significant and relevant criminal history (exhibit 5) which commences when the child was 11 years old.  The offending itself appears to have commenced just after the child turned 11.

1. The child was subject to the following orders at the time the offences were committed:

1.          restorative justice order imposed 11/7/2017;

2.          probation order imposed 14/10/2017; and

3.          good behaviour order imposed 17/1/2017.

1. The sentence imposed was a three month detention order to be served by way of a conditional release order and a 20 hour graffiti removal order.  The impugned aspect of the sentence, as indicated, was the recording of convictions by the learned Childrens Court magistrate.

1. There are some significant concerning…