OFT v Police

[2017] QChC 13

[2017] QChC 13

CHILDRENS COURT OF QUEENSLAND

JUDGE SHANAHAN, President

CCM-00016061/16(6)
CCJ-00000463/17(5)

OFT  Applicant

and

POLICE  Respondent

BRISBANE

10.11 AM, FRIDAY, 18 AUGUST 2017

JUDGMENT

Any Rulings that may be included in this transcript, may be extracted and subject to revision by the Presiding Judge.

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THE PRESIDENT:   This is a sentence review against sentences that were imposed on the applicant of six months detention to be served by way of a community release order.  The child pleaded guilty in the Childrens Court on the 7^th of February 2017 to a number of offences.  A pre-sentence report was ordered.  The sentence proceeded on the 4^th of July 2017.  In relation to a number of other offences, the child was placed on 12 months’ probation and those were offences of public nuisance and obstruct police.  However, in relation to two counts of wilful damage, two counts of entering premises and committing an indictable offence and a serious assault count,  the child was sentenced to the six months detention to be served by way of a conditional release order.  The child was born on the 31^st of March 20XX.  He was 11 years old at the date of the offences and 12 at the time of sentence. 

He had a minor history of being placed on good behaviour bonds, but had not been ever subject to any supervised order.  The circumstances of the wilful damage and the serious assault were serious;  they involved substantial property damage in relation to wilful damage and the serious assault involved a spitting in the face of a police officer.  However, the child was only 11 years of age.  The learned sentencing Magistrate determined that detention was the only appropriate sentence, although he obviously mitigated that by making a conditional release order.  The submissions are made that that was not the only sentence that was available to the learned sentencing Magistrate in relation to an 11 year old with a limited criminal history.  The pre-sentence report raised a number of issues, concerned particularly in relation to the attitude of the child.  That attitude has apparently continued, because he has subsequently been charged with further offences and been dealt with in relation to that by way of an intensive supervision order. 

The respondent concedes that the sentence imposed was not the only one that was open to the learned Magistrate, and in those circumstances, the principles of sentence contained in the Youth Justice Act apply. To my mind, that sort of concession is correct. When one considers the age of the child and the lack of any relevant serious history, it seems to me supervised orders should have been attempted in the first place before moving to a detention order. That is particularly the case in relation to an 11 year old. Thus, I would allow the sentence review. My order is I allow the sentence review. In relation to the sentences of detention to be served by way of a conditional release order, those orders are set aside. And in their place, I order that the child be released under the supervision of the department for a period of 12 months. That sentence should run concurrently with the other sentences that were passed on that day, the 4^th of July 2017.  No convictions are recorded.  Are there any other orders needed?

MR BENNETT:   No, your Honour.  Thank you. 

MS RODRIGUEZ:   No thank you, your Honour. 

THE PRESIDENT:   All right.  Thank you both for your assistance.  And we’ll open the court again.  Thanks, Bailiff.  I’ll excuse both of you.  Thank you. 
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