R v FDM

[2020] QChC 10

CHILDRENS COURT OF QUEENSLAND

CITATION:

R v FDM [2020] QChC 10

PARTIES:

THE QUEEN

v FDM

(applicant)

FILE NO/S:

52/19

DIVISION:

Criminal

PROCEEDING:

Sentence Review

ORIGINATING COURT:

Childrens Court of Queensland Brisbane

DELIVERED ON:

29 April 2020

DELIVERED AT:

Brisbane

HEARING DATE:

1 April 2020

JUDGE:

Richards DCJ

ORDER:

Appeal allowed.

Convictions are set aside in relation to charges 1,2,3,4,5,9,12,15,17,19,21,23, and the offences of receiving tainted property and unlawful use of a motor vehicle on 12 July 2019.

Sentence otherwise to remain.

CATCHWORDS:

CRIMINAL LAW – APPEAL AGAINST SENTENCE –

SENTENCING JUVINELES – where the child was sentenced to 26 offences – where the child was 17 years old at the time of committing the offences – where a conviction was recorded in relation to all offences – whether the learned Magistrate misapplied the discretion of recording a conviction under s 184 of the Youth Justice Act 1992 (Qld) – where the learned Magistrate did not consider the charges individually when recording a conviction.

Legislation:

Youth Justice Act 1992 (Qld) ss 183, 184

Cases:

R v SCU [2017] QCA 198

R v Cunningham [2014] QCA 88

R v WJA [2010] QCA 87

AB v The Queen (1999) 198 CLR 111.

COUNSEL:

C Anderson-James for the Applicant

J Daniels for the Respondent

SOLICITORS:

Legal Aid Queensland for the Applicant

Officer of Director of Public Prosecutions for the Respondent

1. On 29 October 2019, the applicant was sentenced in the Childrens Court, Cairns in relation to 26 offences. On 12 July 2019, he received tainted property and unlawfully used a motor vehicle by receiving the keys to a stolen vehicle and then trying to start it unsuccessfully. Between 3 September 2019 to 7 September 2019 he committed the rest of the offences. They were:

   (a)three charges of unlawful use of a motor vehicle and two charges of entering a dwelling to commit an indictable offence on 3 September;

   (b)unlawful use of a motor vehicle and stealing on 6 September; and

   (c)then on 7 September eleven charges of enter a dwelling and commit indictable offence, unlawful use of a motor vehicle, three charges of enter premises with intent, enter dwelling with intent by break at night and attempted enter dwelling and commit indictable offence.

2. Ultimately he was sentenced to 12 months’ detention with an order that he be released after serving 60 per cent of that time in custody and convictions were recorded in relation to all offences. The review relates to the recording of convictions.

3. The Crown concedes that it was not appropriate to record convictions in relation to all of the offences but submits that the recording of a conviction is warranted in relation to the burglary offences. The applicant submits that no conviction should have been recorded.

4. The child was born on 21 April 2002. He was 17 years old at the time of committing the offences and is almost 18. He had an extensive criminal history spanning nine pages and that included 36 prior offences of burglary, 30 offences…