SUPREME COURT OF QUEENSLAND
CITATION:
R v BXY [2023] QSC 42
PARTIES:
THE KING
v
BXY
(Defendant)
FILE NO/S:
CS 123 of 2022 and CS 144 of 2022
DIVISION:
Trial Division
PROCEEDING:
Sentence
DELIVERED ON:
10 March 2023
DELIVERED AT:
Cairns
HEARING DATE:
8 March 2023
JUDGE:
Bowskill CJ
ORDERS:
The defendant is sentenced as follows:
On count 1 – burglary and stealing – detention for 18 months.
On count 2 – unlawfully using a motor vehicle – detention for 18 months.
On count 3 – dangerous operation of a vehicle causing grievous bodily harm, while adversely affected by an intoxicating substance, while excessively speeding – detention for five years.
On count 4 – manslaughter – detention for seven years.
Each of the periods of detention are to be served concurrently.
On the summary charge of driving without a licence – the defendant is reprimanded.
The convictions of counts 3 and 4 are recorded. All other convictions are not recorded.
CATCHWORDS:
COUNSEL: C Cook for the Crown
J Treviño KC for the defendantA Stephens and A Chamberlain appeared for the chief executive of the Department of Children, Youth Justice and Multicultural Affairs
SOLICITORS: Office of the Director of Public Prosecutions, for the Crown
Legal Aid Queensland, for the defendant
BXY, the Court is sentencing you today for serious criminal offences. The most serious one is the unlawful killing – or manslaughter – of BS. You are also being sentenced for the offence of dangerously driving a car, while you were adversely affected by drugs and excessively speeding, causing grievous bodily harm to three people, TW, DM and KD. You are also being sentenced for offences of burglary and stealing (entering the home of another person and stealing their property), unlawful use of a car (stealing the car) as well as driving without a licence when you have never held a licence. You have accepted responsibility for your offending by pleading guilty to all of those offences on 8 December 2022.
There are things I need to explain about the sentences which will be imposed on you today, as punishment for these offences. Some of those things might be confusing to you, but I still need to explain them. I am going to tell you straight away what the sentences are, and then you can sit down while I explain my reasons.
Your behaviour in the middle of the night on 14 February 2022 was truly awful. You were wild, and thought nothing about other people’s property or the rules of society that keep us safe. With your friend, BS, you stole a car and then drove very dangerously through the streets of Cairns, with other children in that stolen car. You had planned to steal that car earlier in the day. You were on drugs, and out of control. Your driving caused the car to crash so badly it was crushed. Nobody was wearing a seatbelt. BS was so badly injured, he died there by the scene of the…
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- AGLC
- R v BXY [2023] QSC 42
- Case
- [2023] QSC 42
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were complex, involving the interpretation of various sections of the Crimes Act and the Sentencing Act. The court needed to consider the nature and seriousness of the offences, the defendant’s prior criminal history, and any mitigating factors. The court also had to decide the appropriate relationship between the sentences for the various charges and whether they should run concurrently or consecutively. Finally, the court had to determine the appropriate action to take in relation to the summary charge of driving without a licence.
In delivering the judgment, the court emphasised the gravity of the offences, particularly the dangerous operation of a vehicle that resulted in grievous bodily harm and death. The court found that the defendant's actions were reckless and demonstrated a lack of regard for the safety of others. The court considered the defendant's previous criminal record and the circumstances surrounding each offence. After weighing these factors, the court decided on a sentence of concurrent detention periods for the various charges, with the most severe penalty being imposed for the manslaughter charge. The court also decided to reprimand the defendant for the summary charge of driving without a licence and not to record all other convictions.
The final orders of the court were that the defendant would serve 18 months for the burglary and theft, 18 months for the unlawful use of a motor vehicle, five years for the dangerous operation of a vehicle and manslaughter, with all sentences to run concurrently. The court also issued a reprimand for the driving without a licence offence and recorded only the convictions for the dangerous operation of a vehicle and manslaughter.
Orders
Orders of the court
The defendant is sentenced as follows:
On count 1 – burglary and stealing – detention for 18 months.
On count 2 – unlawfully using a motor vehicle – detention for 18 months.
On count 3 – dangerous operation of a vehicle causing grievous bodily harm, while adversely affected by an intoxicating substance, while excessively speeding – detention for five years.
On count 4 – manslaughter – detention for seven years.
Each of the periods of detention are to be served concurrently.
On the summary charge of driving without a licence – the defendant is reprimanded.
The convictions of counts 3 and 4 are recorded. All other convictions are not recorded.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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