R v Al

[2003] QCA 189

SUPREME COURT OF QUEENSLAND

CITATION:

R v AL [2003] QCA 189

PARTIES:

R
v
AL
(applicant)

FILE NO/S:

CA No 29 of 2003
DC No 480 of 2002
DC No 517 of 2002
DC No 518 of 2002

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Townsville

DELIVERED EX TEMPORE ON:

8 May 2003

DELIVERED AT:

Brisbane

HEARING DATE:

8 May 2003

JUDGES:

McMurdo P, Williams JA and Holmes J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence refused.

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – JUVENILE OFFENDERS – DETENTION IN TRAINING CENTRE AND OTHER REFORMATORY SENTENCES – where applicant convicted of 39 offences – where applicant on probation at time of offending – where presentence report indicated that applicant showed little inclination to address his offending behaviour – where sentenced to 18 months detention with a further probation order for a period of two years – whether inappropriate to impose period of probation after a reasonably lengthy period of detention

Juvenile Justice Act 1992 (Qld), s 121C

COUNSEL:

B G Devereaux for the applicant
M J Copley for the respondent

SOLICITORS:

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

WILLIAMS JA:  The applicant pleaded guilty on 28 January 2003 to some 39 charges which were contained in three indictments presented to the Court.  Those charges included one of arson, one of burglary, one of attempted burglary, 14 unlawful entry or use of a motor vehicle with a circumstance of aggravation, two attempted unlawful use of a motor vehicle with a circumstance of aggravation, 10 of stealing, three of receiving, and three of wilful damage.  The offences were committed between 16 March and 21 October 2002.

The most serious of the offences was that of arson.  That offence was committed on 15 May 2002.  The applicant and another person were playing near an excavator, they entered it, soaked rags with petrol from its fuel tank and set it alight.  It was destroyed.  Its value was $50,000.

The offences were made more serious because the applicant had been before the Townsville Childrens Court on 2 April 2002 and then had been placed on probation for 12 months with a community service order requiring him to perform 200 hours of community service.  Those orders were made with respect to a large number of property offences which were dealt with in the Childrens Court on that date.

The applicant was aged between 15 and 16 at the time the offences were committed.  He was 16 at the time of sentence having been born on 11 August 1986.

A presentence report was obtained prior to the sentence being imposed.  It indicated that attempts by the probation case worker to have the applicant address his offending behaviour through probation were met with resistance.  The report said that:

"After completing only…