R v HJY

[2019] QChC 36

CHILDRENS COURT OF QUEENSLAND

CITATION:

R v HJY [2019] QChC 36

PARTIES:

R

v

HJY

(Applicant)

FILE NO/S:

419/2019

DIVISION:

Childrens Court

PROCEEDING:

Sentence review

ORIGINATING COURT:

Gladstone Childrens Court

DELIVERED ON:

4 November 2019 (delivered ex tempore)

DELIVERED AT:

Brisbane Childrens Court

HEARING DATE:

4 November 2019

JUDGE:

Dearden DCJ

ORDER:

(1)   Application for sentence review granted.

(2)   Order that the charge be dismissed pursuant to Youth Justice Act 1992 (Qld) s 24A.

(3)   Order that the matter be referred to the Chief Executive for a restorative justice process.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING OF JUVENILES – application for sentence review – where the applicant was sentenced to a restorative justice order for one charge of possession of a knife in a public place – where the defendant had extensive mental health issues – where the defendant had no prior criminal history – where there was an application for the matter to be dealt with pursuant to s 24A of the Youth Justice Act 1992 (Qld) – whether the learned sentencing magistrate failed to consider other provisions for a restorative justice order – whether the sentence was excessive in all the circumstances

LEGISLATION:

Youth Justice Act 1992 (Qld) s 22, s 24A, s 118, s 122, s 150, s 162, s 175(1)(db)

CASES:

R v PBD [2019] QCA 59
R v SCU [2017] QCA 198

COUNSEL:

P Dent (sol) for the applicant

K Byrne (sol) for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

Office of the Director of Public Prosecutions for the respondent

1. HIS HONOUR:   This is an application for sentence review in respect of the applicant HJY.  The applicant pleaded guilty to one charge of possession of a knife in a public place or school before the learned Children’s Court Magistrate at Gladstone on 31 July 2019.[1] The applicant was sentenced to a restorative justice order under section 175(1)(db) of the Youth Justice Act 1992 (Qld) (‘YJA’).[2]  The applicant seeks a review of the sentenced imposed.[3]

   [1] Application for sentence review, filed 27 August 2019.

   [2] Application for sentence review, filed 27 August 2019.

   [3] Outline of Submissions in behalf of the Applicant, filed 4 November 2019, [2.4].

1. The applicant’s antecedents are set out in the Outline of Submissions on behalf of the Applicant at [3]. Namely, the applicant is 17 years old, born on 28 December 2001, has no prior criminal history, has extensive mental health issues (diagnoses of ADHD, oppositional defiance disorder, conduct disorder, anxiety and ASD), is prescribed medication and has been exposed to both domestic violence and physical abuse in the family home.[4]  The circumstances of the offence are summarised in these terms:

“The Applicant had attended Mylestones Employment where he had a verbal altercation with [a] counsellor before leaving the premises.  Police were notified and located the applicant on Bonar Street.  He was searched and a knife was located in his pocket.  He made immediate admissions.  He was transported to his mother’s location and made admissions…