Klji v Commissioner of Queensland Police Service
[2011] QChC 24
•17 October 2011 (ex tempore)
CHILDRENS COURT OF QUEENSLAND
CITATION: | KLJI v Commissioner of Queensland Police Service [2011] QChC 24 |
PARTIES: | KLJI (applicant) |
FILE NO/S: | No 186 of 2011 |
PROCEEDING: | Application for Sentence Review |
ORIGINATING COURT: | Childrens Court, Southport |
DELIVERED ON: | 17 October 2011 (ex tempore) |
DELIVERED AT: | Brisbane |
HEARING DATE: | 17 October 2011 |
JUDGE: | Rafter SC DCJ |
ORDER: |
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CATCHWORDS: | CRIMINAL LAW – SENTENCE – SENTENCING JUVENILES – SENTENCE REVIEW – where the applicant’s criminal history included common assault for which he was reprimanded on 21 December 2010, and offences of assault occasioning bodily harm and common assault, for which he was placed on probation on 19 January 2011 – where the applicant’s sentence review pursuant to s 118 Youth Justice Act 1992 challenges the order recording convictions – where the applicant was 13 years old at the time of sentence – whether convictions ought to have been recorded. Youth Justice Act 1992 (Qld), s 118 R v TX [2011] QCA 68 |
COUNSEL: | L Dias solicitor for the applicant A Honkisz solicitor for the respondent |
SOLICITORS: | Legal Aid Queensland for the applicant |
HIS HONOUR: This is an application for sentence review pursuant to section 118 of the Youth Justice Act 1992.
The applicant was sentenced in the Childrens Court at Southport on 11 May 2011 in respect of three charges of common assault and one charge of burglary. He was sentenced to 12 months probation and convictions were recorded.
The application for sentence review was filed on 21 June 2011, so it is out of time and an extension of time is required. The application is not opposed by the Crown and in the circumstances, there should be orders extending time and varying the order made by the Childrens Court.
The applicant was 13 years of age at the time of sentence, and he is 13 years old now. His history includes an offence of common assault, for which he was reprimanded on the 21st of December 2010, and offences of assault occasioning bodily harm and common assault, for which he was placed on probation for 12 months on the 19th of January 2011. On that occasion, convictions were not recorded.
The Crown concedes that in accordance with the judgment of the Court of Appeal in the R v TX [2011] QCA 68, that the prima facie position is that convictions ought not to have been recorded. In the circumstances, I accept that convictions ought not to have been recorded.
The orders then will be as follows:
1. I extend the time for filing the application for sentence review to 21 June 2011, and
2. Vary the order made by the Childrens Court at Southport on 11 May 2011 by deleting the order recording convictions and instead ordering that convictions not be recorded.
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