R v LMG

[2018] QChC 14

[2018] QChC 14

TRANSCRIPT OF PROCEEDINGS

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CHILDRENS COURT OF QUEENSLAND

JUDGE SHANAHAN, President

Indictment No 59 of 2018

THE QUEEN

v.

L M G

BRISBANE

10.16 AM, 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 a sentence review in relation to sentences imposed on the 14^th of February 2018.  On that date, the applicant child pleaded guilty to a charge of deprivation of liberty and a charge of wilful damage.  Both of those charges were factually related to a robbery offence on which the child had earlier been dealt with in the Childrens Court of Queensland.  On the 24^th of January 2018, in relation to that charge, he was sentenced to an 18 month probation order. 

When he came before Magistrate Shearer on the 14^th of February, the Magistrate also imposed an 18 month probation order in relation to those allied charges. The simple fact of the matter is, pursuant to section 175 of the Youth Justice Act, the Magistrate’s jurisdiction in relation to probation orders is limited to probation orders of 12 months. The sentence imposed plainly was beyond jurisdiction.

The sentence review is unopposed by the Crown in the circumstances.  It is plain that the Magistrate exceeded his jurisdiction and, in those circumstances, I allow the sentence review.  I substitute a sentence of 12 months probation in relation to those matters.  No convictions are recorded. 

Are there any other orders needed? 

MR BENNETT:   No, your Honour.  Thank you. 

MR JARY:   Nothing further, your Honour. 

THE PRESIDENT:   All right.  Thank you. 

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