R v Hco

[2023] QCA 103

SUPREME COURT OF QUEENSLAND

CITATION:

R v HCO [2023] QCA 103

PARTIES:

R
v
HCO
(applicant)

FILE NO/S:

CA No 136 of 2022
DC No 173 of 2022

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Childrens Court at Brisbane – Date of Sentence: 9 June 2022 (Allen KC DCJ)

DELIVERED ON:

19 May 2023

DELIVERED AT:

Brisbane

HEARING DATE:

11 May 2023

JUDGES:

Mullins P and Flanagan and Boddice JJA

ORDER:

The application for leave to appeal against sentence is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant youth pleaded guilty to one count of burglary with violence while armed and in company, one count of armed robbery in company with personal violence, and one count of unlawfully using a motor vehicle – where the applicant was sentenced to 18 months detention with a conviction recorded for each of the burglary and armed robbery offences, 12 months detention with a conviction recorded for unlawfully using a motor vehicle, and a further 12 months detention without a conviction recorded for breaching a probation order imposed for a previous robbery offence – where all detention orders were to be served concurrently – where the applicant submits that coupling detention orders for a period of 18 months with the recording of convictions rendered the overall effect of the sentence “unreasonable or plainly unjust” because the offending was relatively less serious than that identified in comparative cases – whether the sentences imposed were manifestly excessive in all the circumstances

Youth Justice Act1992 (Qld), s 183, s 184, s 227, s 245(1)(d)(ii)

R v Cunningham [2014] 2 Qd R 285; [2014] QCA 88, considered
R v JAB (2020) 4 QR 588; [2020] QCA 124, considered
R v MKM[2018] QCA 233, considered
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64, applied

COUNSEL:

S L Walpole for the applicant (pro bono)
S J Dickson for the respondent

SOLICITORS:

No appearance for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. MULLINS P:  I agree with Flanagan JA.

2. FLANAGAN JA:  On 17 May 2022 the applicant was convicted on his own pleas of guilty of having committed the following offences:

   (a)Count 1:  Burglary with violence, while armed and in company;

   (b)Count 2:  Armed robbery in company, with personal violence; and

   (c)Count 3:  Unlawfully using a motor vehicle.

3. All three offences were committed on 9 October 2021 at Hamilton, a suburb of Brisbane.

4. The applicant was 16 years of age at the time of committing the offences and 17 years of age when sentenced.

5. On 9 June 2022 the applicant received the following sentences in the Childrens Court of Queensland at Brisbane:

   (a)Count 1:  18 months detention with a conviction recorded;

   (b)Count 2:  18 months detention with a conviction recorded; and

   (c)Count 3:  12 months detention with a conviction recorded.

6. The learned sentencing judge also found…