R v AAL

[2010] QCA 146

COURT OF APPEAL OF QUEENSLAND

CITATION:

R v AAL [2010] QCA 146

PARTIES:

R
v
AAL
(applicant)

FILE NO/S:

CA No 9 of 2010
DC No 9 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Childrens Court at Townsville

DELIVERED ON:

15 June 2010

DELIVERED AT:

Brisbane

HEARING DATE:

26 May 2010

JUDGE:

Holmes JA, Cullinane and McMeekin JJ
Judgment of the Court

ORDER:

1.    The application for leave to appeal is granted

2.    The appeal is allowed

3.    The sentence is varied to include an order that the applicant be released after serving 50% of the period of three years detention imposed in the Children’s Court at Townsville on 11 December 2009

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant pleaded guilty to arson – where applicant sentenced to three years detention – where applicant had a prior criminal history – where arson committed whilst applicant on probation – where applicant also pleaded guilty to a further offence of wilful damage committed whilst awaiting sentence for the primary arson offence – where it was common ground that the arson occurred due to the criminal negligence of the applicant rather than a deliberate act of arson – where applicant admitted to the commission of the crime when no longer under suspicion – whether special circumstances existed to warrant that the applicant serve a proportion of detention less than the 70% provided for under the Juvenile Justice Act 1992 (Qld)

Juvenile Justice Act 1992 (Qld), s 227(2), s 208

AB v The Queen (1999) 198 CLR 111, [1999] HCA 46, applied

COUNSEL:

F Richards for the applicant
A Anderson for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1.   THE COURT:The applicant who was born on 21 October 1991 seeks leave to appeal against a sentence of three years’ detention imposed on him by the Children’s Court on 11 December 2009 for the offence of arson.

1. He was dealt with on the same day for various other offences committed somewhat later and was placed on probation or received lesser sentences.

1. At the time of the arson he was 15.  He had a history of offending, largely involving property and dishonesty offences.  Of particular relevance was the fact that he was then subject to a six month probation order for lighting an unauthorised fire and certain other property offences also said to have involved the lighting of fires.

1. Whilst he was awaiting sentence in respect of this matter, he pleaded guilty to a charge of wilful damage arising out of his setting fire to toilet paper in a service station toilet.  The fire was extinguished by staff at the service station.  The applicant had locked the door after starting the fire.

1. In the early hours of 13 September 2007, a warehouse was destroyed by fire in Townsville.  Three businesses were conducted at…