R v D

[2003] QCA 32

SUPREME COURT OF QUEENSLAND

CITATION:

R v D [2003] QCA 32

PARTIES:

R
v
D
(applicant)

FILE NO/S:

CA No 375 of 2002
DC No 163 of 2002
DC No 175 of 2002

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Mackay

DELIVERED ON:

14 February 2003

DELIVERED AT:

Brisbane

HEARING DATE:

7 February 2003

JUDGES:

Davies and Williams JJA and Cullinane J
Separate reasons for judgment of each member of the Court; each concurring as to the orders made

ORDERS:

1.  Application for leave to appeal against sentence granted

2.  Appeal allowed only to the extent of setting aside the order recording convictions in all cases, except in relation to the count of armed robbery where the order recording the conviction stands

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – PROPERTY OFFENCES – where juvenile applicant convicted of armed robbery, fraud, wilful damage, stealing and other property offences while on probation – where juvenile applicant sentenced to six months detention – whether detention was appropriate – whether convictions ought to have been recorded 

Juvenile Justice Act 1992 (Qld), s 4, s 109(2)(e), s 125

COUNSEL:

B G Devereaux for the applicant
M J Copley for the respondent

SOLICITORS:

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

1. A:DAVIES J  I agree with the reasons for judgment of Cullinane J and with the orders he proposes.

1. WILLIAMS JA:  I agree with the reasons of Cullinane J and with the orders proposed.

1. CULLINANE J:  The applicant seeks leave to appeal against sentences imposed in the District Court at Mackay following his pleas of guilty to a number of offences contained in two indictments.

1. In one indictment he was charged with:

(a)         seven counts of entering a dwelling with intent;
(b)         eight counts of stealing;
(c)         one count of receiving;
(d)        one count of entering premises and stealing;
(e)         one count of wilful damage;
(f)         one count of fraud;
(g)         one count of armed robbery in company.

1. In addition, he faced two counts on another indictment, namely:

(a)         one count of entering premises and stealing;
(b)         one count of attempted entering premises with intent.

1. These offences were committed between 29 November 2001 and 29 July 2002.

1. The applicant is a child born on 27 July 1987.  All of the offences were committed when he was 14 except for one of the counts of stealing.

1. On each count, the applicant was sentenced to six months detention and 12 months probation under the Juvenile Justice Act.  He had served eight days in pre-detention custody.

1. He has now completed almost 70 per cent of the term of detention and should be released in about two weeks time. 

1. The applicant had a criminal history which appears at pp 22 and 23 of the record.  He had appeared before the Childrens Court on some seven occasions in relation to a number of property offences.

1. In February 2001, he was given a probation order for some nine months…