R v C - [2001] QCA 552

[2001] QCA 552

COURT OF APPEAL

DAVIES JA
ATKINSON J
MULLINS J

CA No 312 of 2001

THE QUEEN

C Applicant

BRISBANE

..DATE 30/11/2001

JUDGMENT

ATKINSON J: The applicant C seeks leave to appeal sentences imposed on him in the Childrens Court on 24 October 2001. He was sentenced on two ex officio indictments.

On the first indictment he was sentenced to two years' detention for arson, and on the second indictment he was sentenced to 12 months' detention on counts 1 and 2 of stealing and wilful damage, and two years' detention on the third count, which was also arson. All sentences were ordered to be served concurrently.

The applicant was born on 28 April 1986, and so he is now 15 years old. The offence on the first indictment occurred on 11 February 2001 when the applicant was 14 years old. He had been a resident of Boys Town since 1996 after he was placed into voluntary care by his mother when she was unable to cope with his behaviour. He was then 10 years old.

However on 11 February 2001, after being annoyed with another resident in one of the cottages at Boys Town, he lit a tea towel on a hot plate and having ascertained that no-one was in the building, he placed it underneath one of the lounge suites in the communal lounge room.

The fact that he knew that no-one was present in the building was not put before the sentencing Judge, but is common ground in this case. The Crown has conceded that that is a material change in the circumstances presented to the learned sentencing Judge.

The applicant then left the building, but felt guilty and subsequently returned inside and tried to remove the tea towel. The lounge suite, however, burst into flames and he then ran back to his own cottage until the fire was detected. He then tried to assist in putting the flames out. The damage resulting from the burning of the cottage was approximately $500,000.

The offences on the second indictment occurred on 30 April 2001 while the applicant was still only 14 years old. He was on bail for the first offence when he and two others, including one adult and another juvenile stole fuel canisters from the trailer of a parked vehicle and used the petrol to set fire to a rubbish bin, a tree, and later a car.

The applicant was then remanded in custody for 38 days following the offences on the second indictment. He pleaded guilty to all four charges on 8 June 2001 before a Judge of the Childrens Court. The Judge ordered a pre-sentence report pursuant to Section 110 of the Juvenile Justice Act together with a psychological report. His Honour also granted bail to the applicant, being satisfied that the conditional bail program prepared by the Department was an adequate program that would significantly reduce the chance of reoffending. His Honour also took into account the applicant's youth and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v C

Details

AGLC: R v C [2001] QCA 552
Case: [2001] QCA 552
Decision Date: 30 November 2001

CaseChat Overview and Summary

In the case of R v C, the applicant, C, sought leave to appeal against the sentences imposed on him by the Children's Court. C had been sentenced on two ex officio indictments; for the first indictment, he was sentenced to two years' detention for arson, and on the second indictment, he was sentenced to 12 months' detention for stealing and wilful damage and two years' detention for a further count of arson. The sentences were ordered to be served concurrently. The applicant, born on 28 April 1986, was 15 years old at the time of sentencing and had a history of being in the care of Boys Town since he was 10 years old. The legal issues that the Court of Appeal was required to decide included whether the sentence imposed was manifestly excessive and whether an alternative sentence would be more appropriate given the circumstances of the case.

The Court of Appeal held that the sentence imposed was manifestly excessive, particularly given the change in factual circumstances relating to the offence of arson and the fact that the applicant had already served 75 days in detention. The Court further found that the applicant's youth, lack of previous criminal offences, background, medical condition, plea of guilty, compliance with and positive response to the conditional bail program, and the likely negative effects of detention on him, should be taken into account. The Court was of the opinion that a combination of an immediate release order for some offences and a probation order on others would be the most appropriate sentence in this case. Consequently, the application for leave to appeal was granted, and the appeal was allowed. The sentences imposed by the Children's Court were set aside, and the applicant was sentenced to a detention order of 18 months on the first indictment and on count 3 on the second indictment, but he was ordered to be immediately released from detention in accordance with the immediate release order. He was also sentenced to two years' probation on counts 1 and 2 on the second indictment, with the added condition that he undertake such medical, psychiatric, or psychological treatment or counselling as directed by the Chief Executive. All sentences were to be served concurrently, and convictions were recorded.

Orders