R v IJ

[2018] QChC 13

[2018] QChC 13

TRANSCRIPT OF PROCEEDINGS

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CHILDRENS COURT OF QUEENSLAND

JUDGE SHANAHAN, President

Indictment No 91 of 2018

THE QUEEN

v.

I J

BRISBANE

10.23 S,, MONDAY, 14 MAY 2018

JUDGMENT

RESTRICTED ACCESS TRANSCRIPT

Any Rulings that may be included in this transcript, may be extracted and subject to revision by the Presiding Judge.

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THE PRESIDENT:   This is an application for sentence review by a 15 year old Child.  She pleaded guilty to three counts of evading fares.  They were train fares.  The dates of each offence were the 16^th, 21^st and 22^nd of February 2018.  The Child came before the Court with a history of like offences.  I think it eventually was settled on the fact that she had appeared five times before the Childrens Court charged with similar matters.  She had been dealt with by way of reprimand or good behaviour orders in the past. 

There were submissions made to the sentencing Magistrate that the Child was in the care of Child Safety and it was their responsibility to top up her Go card.  Whilst the exact circumstances of that are somewhat unclear on the record, it is plain that she had no money on her Go card and no valid tickets when she did travel. 

The learned Magistrate was of the view that personal deterrence was a factor in this matter because of the Child’s history.  The Child has also got a minor criminal history, but there are no supervised orders on that.  The learned Magistrate imposed a 40 hour community service order in relation to these three offences. 

It seems to me, in the circumstances where the Child is reliant upon the State to ensure that she has funds sufficient to travel by train, it was inappropriate to impose this penalty.  There is obviously a need in the Child to understand her responsibilities as well, but it seems to me the imposition of 40 hours community service exceeded what was required in these circumstances. 

I allow the sentence review and I substitute in relation to all three charges a good behaviour order for a period of three months.  No convictions were recorded in relation to the community service orders and plainly no convictions are recorded in relation to the good behaviour order. 

Are there any other orders required? 

MS LOVELL:   No, your Honour.  Thank you. 

MS GUY:   No.  Thank you. 

THE PRESIDENT:   All right.  Thank you both. 

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