R v TJB - [2014] QDC 185

DISTRICT COURT OF QUEENSLAND

CITATION:

R v TJB [2014] QDC 185

PARTIES:

THE QUEEN

v

TJB

FILE NO/S:

CCQ

DIVISION:

Criminal

PROCEEDING:

Sentence

ORIGINATING COURT:

Children’s Court of Queensland

DELIVERED ON:

3 September 2014

DELIVERED AT:

Brisbane

HEARING DATE:

29 August 2014

JUDGE:

Reid DCJ

ORDER:

That publication of identifying information about the defendant child be prohibited.

CATCHWORDS:

Non-publication order for child offender – where no conviction is recorded – prospects of rehabilitation – protection of the community

Youth Justices Act 1992 (Qld) s. 299A

R v Cunningham [2014] QCA 88 considered

COUNSEL:

S. Neaves for the applicant

SOLICITORS:

Director of Public Prosecutions for the respondent

Walker Pender Solicitors for the applicant

In this matter, the applicant defendant has applied for an order pursuant to s. 299A of the Youth Justices Act 1992 (Qld) (‘YJA’) prohibiting the publication of identifying information about him. He was born 11 March 1998 so is a child under that Act.

Criminal History

The applicant was 15 years old when he committed the subject offence, and has a juvenile criminal history.

On 25 January 2013, he was dealt with in the Children’s Court of Queensland for three offences of stealing, one offence of burglary and commit an indictable offence, one offence of unauthorised dealing with shop goods and one offence of failure to appear in accordance with an undertaking. The offences had been committed over a three-month period from 6 November 2012 to 11 January 2013. No conviction was recorded and he was placed on a good behaviour bond for six months.

He committed a further two offences of failing to appear in accordance with an undertaking. He was dealt with in the Children’s Court of Queensland on 18 March 2013. He was again placed on a good behaviour bond, for three months, and on 22 March 2013 he was reprimanded. No convictions were recorded on either occasion.

On 23 August 2013 the applicant was dealt with in the Children’s Court of Queensland for numerous offences, the most serious being one of armed robbery in company with personal violence. He was sentenced to two years probation with no conviction recorded. This order was breached by the subject offence.

Following the subject offending the applicant has also subsequently offended. He was dealt with the Children’s Court of Queensland at Caboolture on 13 September 2013 for two charges of stealing, one charge of trespass, one charge of failure to appear and one charge of contravene direction or requirement. The applicant was sentenced to 60 hours of community service and no conviction was recorded.

Circumstances of the offence

The subject offending conduct occurred on 7 September 2013 on River Drive at Bellmere. At about 2pm the complainant, who was then a 14 year old child, was riding his bicycle near to the end of the bridge on River Drive when the defendant emerged from some nearby bushes and stood in the path of the bicycle.

The complainant child stopped his bicycle and dismounted. The defendant said ‘if you…

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 TJB

Details

AGLC: R v TJB [2014] QDC 185
Case: [2014] QDC 185
Decision Date: 3 September 2014

CaseChat Overview and Summary

In the matter of R v TJB, the court was asked to consider a non-publication order for a child offender where no conviction is recorded. The dispute arose in the context of protecting the prospects of rehabilitation for a young offender and ensuring the protection of the community. The case was heard by the court which had jurisdiction over matters concerning the welfare and rehabilitation of children within the criminal justice system.

The central legal issues before the court involved balancing the privacy and rehabilitation interests of the child against the public’s right to know about serious criminal activities. The court had to interpret and apply relevant statutory provisions and case law to determine whether a non-publication order was warranted under the circumstances. Specifically, the court considered whether the child's age, the nature of the offence, and the potential impact on the child's future rehabilitation justified the imposition of such an order.

The court found that the serious nature of the offence, combined with the young age of the offender, warranted the imposition of a non-publication order. It reasoned that the publication of identifying information could severely hinder the child's chances of rehabilitation and reintegration into society. The court also emphasised the importance of protecting the community by ensuring that the child's identity was not disclosed, as it could potentially compromise their safety and well-being. Ultimately, the court concluded that the benefits of maintaining the child's anonymity outweighed the public's interest in knowing the specifics of the case. The court granted the non-publication order, prohibiting the publication of identifying information about the defendant child.

Orders

Orders of the court

That publication of identifying information about the defendant child be prohibited.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v TJB [2014] QDC 185
PARTIES:	THE QUEEN v TJB
FILE NO/S:	CCQ
DIVISION:	Criminal
PROCEEDING:	Sentence
ORIGINATING COURT:	Children’s Court of Queensland
DELIVERED ON:	3 September 2014
DELIVERED AT:	Brisbane
HEARING DATE:	29 August 2014
JUDGE:	Reid DCJ
ORDER:	That publication of identifying information about the defendant child be prohibited.
CATCHWORDS:	Non-publication order for child offender – where no conviction is recorded – prospects of rehabilitation – protection of the community Youth Justices Act 1992 (Qld) s. 299A R v Cunningham [2014] QCA 88 considered
COUNSEL:	S. Neaves for the applicant
SOLICITORS:	Director of Public Prosecutions for the respondent Walker Pender Solicitors for the applicant