R v BCN

[2013] QCA 226

SUPREME COURT OF QUEENSLAND

CITATION:

R v BCN [2013] QCA 226

PARTIES:

R
v
BCN
(applicant)

FILE NO/S:

CA No 84 of 2013
CCJ No 4 of 2013

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Childrens Court at Southport

DELIVERED ON:

20 August 2013

DELIVERED AT:

Brisbane

HEARING DATE:

8 August 2013

JUDGES:

Gotterson and Morrison JJA and Boddice J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

Leave to appeal is granted.1.   

Allow the appeal to the extent of setting aside the order that convictions be recorded.2.   

No convictions be recorded in respect of each of the offences to which the applicant pleaded guilty on 20 February 2013.3.   

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – where the applicant pleaded guilty to a number of offences committed over a period of months – where the applicant was 16 at the time of commission of all of the offences – where the appellant was sentenced to detention, probation and community service – where the sentencing judge ordered that convictions be recorded in respect of each offence – where the applicant contends the sentencing judge did not have proper regard to the impact on the applicant’s chances of rehabilitation and finding and retaining employment when ordering the recording of the convictions – whether the sentencing judge had proper regard to factors under s 184 Youth Justice Act 1992 (Qld) – whether the exercise of the sentencing judge’s discretion miscarried – whether the applicant’s sentence should be interfered with

Youth Justice Act 1992 (Qld), s 183, s 184(1)

R v JO[2008] QCA 260, cited
R v SBR[2010] QCA 94, cited

COUNSEL:

F Richards for the applicant
S P Vasta for the respondent

SOLICITORS:

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

1. GOTTERSON JA:  I agree with the orders proposed by Boddice J and with the reasons given by his Honour.

1. MORRISON JA:  I have had the advantage of reading the reasons of Boddice J.  With the addition of one matter, I am in agreement with those reasons.

1. The applicant was given the benefit of orders for suspended detention, probation and community service.  One cannot assume that he will necessarily reoffend as an adult.  If he does not, but a conviction is nonetheless imposed, then the benefit of those orders will be, at least to a substantial extent, denied to the applicant.  No appeal has been brought by the respondent from those orders.  Accordingly, we must proceed on the basis that the respondent accepts that they are an appropriate form of punishment.  It does not seem to me to be correct, in the particular circumstances of this case, to include the recording of a conviction which would take away the benefit which those orders have given.

1. Subject to what I have said, I agree with…