R v BDY

[2023] QCA 40

SUPREME COURT OF QUEENSLAND

CITATION:

R v BDY [2023] QCA 40

PARTIES:

R
v
BDY
(applicant)

FILE NO/S:

CA No 16 of 2022
DC No 20 of 2021

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Childrens Court at Ipswich – Unreported, 10 December 2021 (Lynch KC DCJ)

DELIVERED ON:

17 March 2023

DELIVERED AT:

Brisbane

HEARING DATE:

10 June 2022

JUDGES:

McMurdo and Bond JJA and Flanagan J

ORDER:

Application refused.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING OF JUVENILES – RELEVANT FACTORS – GENERAL PRINCIPLES – where the applicant, aged 17 years and 8 months, broke into the complainant’s home and assaulted the complainant until she lost consciousness – where the applicant then slashed the child complainant across the ear, face and throat with broken glass – where the applicant was sentenced under the provisions of the Youth Justice Act 1992 (Qld) – where the sentence amounted to 6 years detention and due to special circumstances the applicant was to be released after serving 50 per cent of the detention order – where the applicant seeks leave to appeal the sentence – whether the sentence was manifestly excessive – whether the sentencing judge erred in finding the offence was premeditated – whether the sentence imposed did not adequately reflect the applicant’s mental health condition – whether the recording of a conviction was manifestly excessive

Youth Justice Act 1992 (Qld), s 150, s 184

R v JO[2008] QCA 260, cited
R v Minniecon [2017] QCA 29, cited
R v Patrick (a pseudonym); Ex parte Attorney-General (Qld) (2020) 3 QR 578; [2020] QCA 51, cited
R v SDK (2020) 6 QR 568; [2020] QCA 269, cited

COUNSEL:

C R Smith for the applicant
E L Kelso for the respondent

SOLICITORS:

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

1. McMURDO JA:  I agree with Bond JA.

2. BOND JA:  On 10 December 2021 the applicant was convicted on her own plea of guilty of having committed the following offences on 9 November 2020:

   (a)Count 1: she entered the dwelling of ERR with intent to commit an indictable offence in the dwelling with the aggravating features that the entry was means of a break and the applicant used actual violence and damaged property;

   (b)Count 2: she unlawfully assaulted ERR and did her bodily harm; and

   (c)Count 3: with intent to do grievous bodily harm to KJL, she unlawfully did grievous bodily harm to KJL.

3. The applicant’s conduct involved grave offending.  ERR, aged 53, was the estranged mother of the applicant’s boyfriend, DAL, aged 32.  KJL, aged 7, was DAL’s daughter, by a former partner. She was in the custody of ERR.  The applicant, herself aged only 17 years and 8 months, approached ERR at her home in breach of a domestic violence order which had been obtained against her and ignored ERR’s instruction to leave.  When ERR barricaded herself and KJL inside a room, the applicant broke into ERR’s…