R v BZZ & AZY

Case [2024] QSC 138


SUPREME COURT OF QUEENSLAND

CITATION:

R v BZZ & AZY [2024] QSC 138

PARTIES:

R
v
BZZ

(first defendant)

R
v
AZY

(second defendant)

FILE NO:

Indictment No 236 of 2023

DIVISION:

Trial Division

PROCEEDING:

Sentence

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

Ex tempore on 27 June 2024

DELIVERED AT:

Brisbane

HEARING DATES:

9 February 2024; 13 May 2024; 14 May 2024

JUDGE:

Davis J

ORDERS:

Sentences:

BZZ

1.   Count 1: 2 years’ detention.

2.   Count 2: 12 months’ detention.

3.   Count 3: 3 years’ detention.

4.   Count 4: 8 years’ detention.

5.   Count 5: 7 years’ detention.

6.   Count 6: 4 years’ detention.

7.   Count 7: 3 years’ detention.

8.   The periods of detention be served concurrently with each other.

9.   Order for release after serving 50 per cent of the detention period.

10.  No conviction recorded.

AZY

1.   Count 1: 2 years’ detention.

2.   Count 2: 12 months’ detention.

3.   Count 3: 3 years’ detention.

4.   Count 4: 7 years’ detention.

5.   Count 5: 7 years’ detention.

6.   Count 6: 4 years’ detention.

7.   Count 7: 3 years’ detention.

8.   Count 8: 6 months’ detention.

9.   Count 9: 3 months’ detention.

10.  The periods of detention be served concurrently with each other.

11.  Order for release after serving 50 per cent of the detention period.

12.  No conviction recorded.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING OF JUVENILES – RELEVANT FACTORS – where two juveniles burgled a home – where they stole a car – where they burgled a second home – where one was armed with a sickle and one was armed with a knife – where occupants confronted the juveniles – where the juveniles did grievous bodily harm to two of the occupants – where the juveniles wounded two other occupants –where the juveniles faced four charges which carried life imprisonment – where the life offences only carried a maximum of 10 years unless they were “particularly heinous” – whether each offence was particularly heinous – what is the appropriate sentence

Criminal Code, s 2, s 7, s 31, s 205A, s 317, s 339, s 408A, s 419

Youth Justice Act 1992, s 150, s 175, s 176, s 227, Sch 1

Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2, cited
Hurt v The King (2024) 98 ALJR 485; [2024] HCA 8, cited
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited
R v Amery [2011] QCA 383, considered

R v Barlow (1997) 188 CLR 1; [1997] HCA 19, cited

R v BDY [2023] QCA 40, cited
R v Beck [1990] 1 Qd R 30, cited
R v D [1996] 1 Qd R 363, cited
R v D [2000] 2 Qd R 659; [1999] QCA 231, considered
R v De Simoni (1981) 147 CLR 383; [1981] HCA 31, cited
R v Fisher (2023) 13 QR 619; [2023] QSC 48, cited

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Details
AGLC
R v BZZ & AZY [2024] QSC 138
Case
[2024] QSC 138
Decision Date

CaseChat Overview and Summary

Two juveniles, BZZ and AZY, were involved in a series of burglaries and assaults which led to a hearing in the Supreme Court of Victoria. The defendants were charged with multiple offences, including burglary, theft of a vehicle, and assault causing grievous bodily harm. The court was tasked with determining the appropriate sentences for these serious offences, particularly considering the potential for life imprisonment for some charges.

The legal issues before the court included the determination of whether each offence constituted a "particularly heinous" crime, which would affect the maximum penalty for the life offences. The court had to balance the seriousness of the crimes against the defendants' age and potential for rehabilitation. The court also considered the principles of sentencing for juveniles, including the need for proportionality and deterrence, while also taking into account rehabilitative needs.

The Supreme Court found that not all of the offences were particularly heinous. The court took into account the juveniles' ages, the circumstances of each offence, and the level of culpability. It was determined that while the crimes were serious, they did not reach the threshold of being particularly heinous for all charges. The court imposed sentences of detention for each count, with the periods to be served concurrently. The defendants were also ordered to be released after serving half of their detention periods, and no convictions were recorded.

The final orders included specific sentences for each count against both defendants, with provisions for concurrent sentencing and early release. The sentences ranged from 3 months to 8 years of detention, with no convictions recorded to protect the defendants' future prospects.

Orders

Orders of the court

Sentences:

BZZ

1. Count 1: 2 years’ detention.

2. Count 2: 12 months’ detention.

3. Count 3: 3 years’ detention.

4. Count 4: 8 years’ detention.

5. Count 5: 7 years’ detention.

6. Count 6: 4 years’ detention.

7. Count 7: 3 years’ detention.

8. The periods of detention be served concurrently with each other.

9. Order for release after serving 50 per cent of the detention period.

10. No conviction recorded.

AZY

1. Count 1: 2 years’ detention.

2. Count 2: 12 months’ detention.

3. Count 3: 3 years’ detention.

4. Count 4: 7 years’ detention.

5. Count 5: 7 years’ detention.

6. Count 6: 4 years’ detention.

7. Count 7: 3 years’ detention.

8. Count 8: 6 months’ detention.

9. Count 9: 3 months’ detention.

10. The periods of detention be served concurrently with each other.

11. Order for release after serving 50 per cent of the detention period.

12. No conviction 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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