R v M,R, & B

[2000] QCA 174

[2000] QCA 174

COURT OF APPEAL

DAVIES JA
MACKENZIE J
DOUGLAS J

CA No 43 of 2000
CA No 47 of 2000
CA No 48 of 2000

THE QUEEN

v

M
R
B  Applicants

BRISBANE

DATE 11/05/2000

JUDGMENT

DOUGLAS J:  M, R and B were convicted each of the offence of armed robbery in company which offence occurred on 14 July 1999.  They were each 16 years of age at the time.

They pleaded guilty, it was a timely plea and frankly admitted their involvement in the crime to the police and expressed genuine remorse for their conduct.  They had convictions recorded against each of them.  It is that which is the ground of this appeal.

In my view, bearing in mind their young age and the fact that the legislation in this State, in particular section 124(1) of the Juvenile Justice Act, proceeds from the primary position that a conviction is not to be recorded against a child offender and bearing in mind the fact that these children had no prior criminal convictions and pleaded guilty as I said, it is my view that the imposition of a recorded conviction in each case was inappropriate and should be set aside.

I order that the application for leave to appeal against sentence be granted and that the order below be varied to indicate that no conviction be recorded in each case.

DAVIES JA:  I agree.

MACKENZIE J:  I agree.

DAVIES JA:  The orders are as indicated by Mr Justice Douglas.