R v BW

[2011] QChC 12

[2011] QChC 12

THE CHILDRENS COURT OF QUEENSLAND

JUDGE SHANAHAN, President

Indictment No 215 of 2011

THE QUEEN

v.

BW

BRISBANE

..DATE 13/09/2011

ORDER

THE PRESIDENT:  This is a sentence review in relation to sentences imposed on the 5th of July of this year in the Childrens Court at Maryborough.

On that date, the child was dealt with in relation to four counts of receiving tainted property, one count of possession of a dangerous drug and one count of possession of utensils used in connection with the smoking of a dangerous drug.

The offences arose from a search warrant executed on the premises in which the child was residing.  He was 16 years of age at the time.  The premises were shared with an older person, and on the material placed before the Magistrate, it's clear that the items that were found were found in a common area, and the child apparently pleaded guilty on the basis of a joint possession of that material.

On my reading of the material, it was never suggested that the child himself was involved in the theft of the property or in the actual receiving of it.

The learned Magistrate, in sentencing remarks, indicated that he viewed the offences, particularly of receiving, as serious ones.  I have difficulty accepting that description.

Three of the receiving offences related to, firstly, a plastic sign, secondly, a Visa debit card, and thirdly, a set of keys.  The fourth charge related to electronic equipment, which probably falls in a more serious category, however the circumstances of the offending also needed to be taken into account in terms of the way in which the child was in possession of those items.

The child pleaded guilty.  He was aged 15.  He had no previous appearances before the Courts at all.  He was sentenced to 100 hours of community service with no conviction being recorded.

The sentencing submissions indicated that he had disassociated with the person with whom he had been residing.  He had a long history of family difficulties, including the death of his mother, and that he had been itinerant for a period of time.  It was submitted to the Magistrate that he intended to travel to New South Wales to live with relatives.  It seems to me that a sentencing outcome which would have seen that occur as early as possible was preferable here, considering the circumstances of the offences, the age of the child, his plea of guilty and the fact that he had no history whatsoever.

It seems to me, in those circumstances, the community service order was not required.  I allow the review.  I set aside the sentences.  On each of the offences, the child is reprimanded.

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