R v Med - [2012] QChC 14

CHILDRENS COURT OF QUEENSLAND

CITATION:

R v MED [2012] QChC 14

PARTIES:

R

V

MED

(Applicant)

FILE NO/S:

73/12

DIVISION:

Criminal

PROCEEDING:

Application for Sentence Review

ORIGINATING COURT:

Childrens Court, Southport

DELIVERED ON:

19 May 2012 (ex tempore)

DELIVERED AT:

Brisbane

JUDGE:

Irwin DCJ

ORDER:

Application for Sentence Review granted.

Order of Childrens Court discharged.

It is ordered that the applicant be detained for a period of three months. It is further ordered that this order for detention be immediately suspended on the making of a conditional release order that the applicant be immediately released from detention. This conditional release order shall contain the following requirements:

(a)     That the applicant participate as directed by the Chief Executive in a program which is attached to and marked "D" to the presentence report dated 19 March 2012 for a period of three months.

(b)     That during the period of the order the applicant:

(i)          abstain from violation of the law;

(ii)         comply with every reasonable direction of the Chief Executive;

(iii)        report and receive visits as directed by the Chief Executive;

(iv)        notify the Chief Executive within two business days of any change of address, employment or school;

(v)         not leave or stay out of Queensland without the prior approval of the Chief Executive.

No convictions are recorded.

CATCHWORDS:

APPLICATION FOR SENTENCE REVIEW - where the applicant pleaded guilty to eight counts of unlawful use of a motor vehicle, three counts of entering a dwelling and commit an indictable offence and one count each of attempted enter premises and commit an indictable offence and receiving tainted property - where he was sentenced on each count to six months’ detention, with release after serving 50 percent - where convictions were recorded - where the offences were committed over a four month period when the applicant was aged 14 and 15 years - where he was 15 years at the time of the sentence - where he had a history of like offending - where the offences were committed in breach of community based orders and in breach of bail - where he had never previously been sentenced to an actual period of detention and had not previously had the benefit of a conditional release order - where no conviction had previously been recorded against him - where there was parental difficulty in controlling his behaviour and he developed anti-social attitudes in early adolescence - where he associated with negative peers - where he had stayed out of trouble for four months before he commenced committing these offences - where he committed the offences while he was unsupervised after running away from home and commenced using drugs in the company of anti social peers - where the offences were committed under the influence of illicit substances and for the purpose of obtaining money to buy illicit substances - where he was detained for 48 days before sentence and served 4 days detention pursuant to the sentence before release on a conditional bail program -…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Med

Details

AGLC: R v MED [2012] QChC 14
Case: [2012] QChC 14
Decision Date: 19 May 2012 (ex tempore)

CaseChat Overview and Summary

The applicant, who was 15 years old at the time of sentencing, pleaded guilty to eight counts of unlawful use of a motor vehicle, three counts of entering a dwelling and committing an indictable offence, one count of attempted enter premises and commit an indictable offence, and one count of receiving tainted property. The court was required to decide whether the sentence of six months’ detention with release after serving 50 percent was appropriate, whether sufficient weight was placed on the applicant’s rehabilitation, whether a period of actual detention was the appropriate order, whether the sentence of six months’ detention was for the shortest available period, and whether or not a conviction should be recorded.

The applicant was 14 and 15 years old when the offences were committed over a four month period. He had a history of like offending, breached community-based orders and bail, and committed the offences while unsupervised, under the influence of illicit substances, and for the purpose of obtaining money to buy illicit substances. The applicant had never previously been sentenced to an actual period of detention and had not previously had the benefit of a conditional release order. No conviction had previously been recorded against him. There was parental difficulty in controlling his behaviour and he developed anti-social attitudes in early adolescence. The applicant had stayed out of trouble for four months before he commenced committing these offences. The court found that the sentencing magistrate did not specifically refer to the fact that six of the charges could not have been brought without his cooperation.

The court granted the application for sentence review and discharged the order of the Childrens Court. The court ordered that the applicant be detained for a period of three months, but this order for detention was immediately suspended on the making of a conditional release order that the applicant be immediately released from detention. The conditional release order contained the following requirements: the applicant must participate in a program for a period of three months, abstain from violation of the law, comply with every reasonable direction of the Chief Executive, report and receive visits as directed by the Chief Executive, notify the Chief Executive within two business days of any change of address, employment or school, and not leave or stay out of Queensland without the prior approval of the Chief Executive. No convictions are recorded.

Orders

Orders of the court

1. Application for Sentence Review granted.

2. Order of Childrens Court discharged.

3. It is ordered that the applicant be detained for a period of three months. It is further ordered that this order for detention be immediately suspended on the making of a conditional release order that the applicant be immediately released from detention. This conditional release order shall contain the following requirements:

(a) That the applicant participate as directed by the Chief Executive in a program which is attached to and marked "D" to the presentence report dated 19 March 2012 for a period of three months.

(b) That during the period of the order the applicant:

(i) abstain from violation of the law;

(ii) comply with every reasonable direction of the Chief Executive;

(iii) report and receive visits as directed by the Chief Executive;

(iv) notify the Chief Executive within two business days of any change of address, employment or school;

(v) not leave or stay out of Queensland without the prior approval of the Chief Executive.

1. No convictions are recorded.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v MED [2012] QChC 14
PARTIES:	R V MED (Applicant)
FILE NO/S:	73/12
DIVISION:	Criminal
PROCEEDING:	Application for Sentence Review
ORIGINATING COURT:	Childrens Court, Southport
DELIVERED ON:	19 May 2012 (ex tempore)
DELIVERED AT:	Brisbane
JUDGE:	Irwin DCJ
ORDER:	Application for Sentence Review granted. Order of Childrens Court discharged. It is ordered that the applicant be detained for a period of three months. It is further ordered that this order for detention be immediately suspended on the making of a conditional release order that the applicant be immediately released from detention. This conditional release order shall contain the following requirements: (a) That the applicant participate as directed by the Chief Executive in a program which is attached to and marked "D" to the presentence report dated 19 March 2012 for a period of three months. (b) That during the period of the order the applicant: (i) abstain from violation of the law; (ii) comply with every reasonable direction of the Chief Executive; (iii) report and receive visits as directed by the Chief Executive; (iv) notify the Chief Executive within two business days of any change of address, employment or school; (v) not leave or stay out of Queensland without the prior approval of the Chief Executive. No convictions are recorded.
CATCHWORDS:	APPLICATION FOR SENTENCE REVIEW - where the applicant pleaded guilty to eight counts of unlawful use of a motor vehicle, three counts of entering a dwelling and commit an indictable offence and one count each of attempted enter premises and commit an indictable offence and receiving tainted property - where he was sentenced on each count to six months’ detention, with release after serving 50 percent - where convictions were recorded - where the offences were committed over a four month period when the applicant was aged 14 and 15 years - where he was 15 years at the time of the sentence - where he had a history of like offending - where the offences were committed in breach of community based orders and in breach of bail - where he had never previously been sentenced to an actual period of detention and had not previously had the benefit of a conditional release order - where no conviction had previously been recorded against him - where there was parental difficulty in controlling his behaviour and he developed anti-social attitudes in early adolescence - where he associated with negative peers - where he had stayed out of trouble for four months before he commenced committing these offences - where he committed the offences while he was unsupervised after running away from home and commenced using drugs in the company of anti social peers - where the offences were committed under the influence of illicit substances and for the purpose of obtaining money to buy illicit substances - where he was detained for 48 days before sentence and served 4 days detention pursuant to the sentence before release on a conditional bail program -…