R v PLP

[2019] QChC 38

CHILDRENS COURT OF QUEENSLAND

CITATION:

R v PLP  [2019] QChC 38

PARTIES:

R

v

PLP

(Applicant)

FILE NO/S:

416/2019

DIVISION:

Childrens Court

PROCEEDING:

Sentence review

ORIGINATING COURT:

Townsville Childrens Court

DELIVERED ON:

6 November 2019 (delivered ex tempore)

DELIVERED AT:

Brisbane Childrens Court

HEARING DATE:

6 November 2019

JUDGE:

Dearden DCJ

ORDER:

(1)   Application for sentence review granted. 

(2)   Set aside the sentence of a two month detention order to be served by way of a three month conditional release order imposed at the Townsville Childrens Court on 6 August 2019. 

(3)   Substitute with the following orders: 

  (a)   12-month probation order in respect of all offences; and

  (b)   pursuant to Youth Justice Act 1992 (Qld) s 175(1)(db), order that the child participate in a restorative justice process as directed by the chief executive.

(4)   No convictions are recorded.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING OF JUVENILES – application for sentence review – where the applicant was sentenced to two months detention to be served by way of a three month conditional release order for several charges – where the applicant had a recent and relevant criminal history – where the applicant had served 15 days in pre-sentence custody – where the presentence report outlined the difficulties of the applicant’s childhood and alternative sentence options – whether the sentence was excessive in all the circumstances   

LEGISLATION:

Youth Justice Act 1992 (Qld) s 118, s 122, s 150, s 175

CASES:

R v MDD [2019] QCA 197
R v SCU [2017] QCA 198

COUNSEL:

L Barnes (sol) for the applicant

T O’Brien (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 by the applicant, PLP, in respect of the following matters: 

(1)attempted enter premises with intent to commit indictable offence (on or about 06/07/2019); 

(2)attempted enter premises with intent to commit indictable offence (06/07/2019); 

(3)enter premises with intent (06/07/2019); 

(4)enter premises and commit indictable offence by break (07/07/2019);  and 

(5)enter premises and commit indictable offences by break (08/07/2019).[1]

[1] Application for sentence review filed 2 September 2019; Exhibit A – Affidavit of Leisa Barnes, affirmed 1 November 2019.

1. The applicant entered a plea of guilty on 10 July 2019 and was sentenced on 6 August 2019 to a two month detention order to be served by way of a three month conditional release order, with no convictions recorded.  The sentence took place at the Townsville Childrens Court.[2]

   [2] Exhibit A – Affidavit of Leisa Barnes, affirmed 1 November 2019.

1. The applicant’s antecedents are briefly set out in the Outline of Submissions on behalf of the child. In summary, the child was born on 30 November 2004, and was accordingly 14 months and seven months at the time of the offending and 14 years and eight months at the time of sentence.  Critically, he had spent 15 days in pre-sentence custody as at the sentence date, and has a…