Re JG

[2023] QChC 3

CHILDRENS COURT OF QUEENSLAND

CITATION:	Re JG [2023] QChC 3
IN THE MATTER OF AN APPLICATION FOR BAIL BY JG
PARTIES:	JG
(applicant) (anonymised)
v
DIRECTOR OF PUBLIC PROSECUTIONS (QLD)
(respondent)
FILE NO:	105 of 2022
DIVISION:	Criminal
PROCEEDING:	Bail Application
ORIGINATING	Childrens Court of Queensland
COURT:
DELIVERED ON:	2 February 2023 (delivered ex tempore)
DELIVERED AT:	Cairns
HEARING DATE:	2 February 2023
JUDGE:	Fantin DCJ
ORDERS:	1. Application for bail allowed.
2. Bail granted in terms of the conditional bail program.
CATCHWORDS:	CRIMINAL LAW – PROCEDURE – APPLICATION FOR BAIL – where applicant pleaded guilty to 12 offences including robbery in company with personal violence – where sentence
adjourned to obtain presentence report and psychological report
– where applicant applies for bail pending sentence – where
applicant a 15 year old child with no criminal history at time of
offending – diagnoses of Attention Deficit Hyperactivity
Disorder and possible Foetal Alcohol Spectrum Disorder and
Attachment Disorder – conditions in detention – access to education – time confined in cell – Schedule 1 Charter of Youth Justice Principles – whether unacceptable risk of reoffending – whether practicable to adequately mitigate risk
by bail conditions
LEGISLATION:	Youth Justice Act 1992 (Qld) s 48(2), s 48AAA(2), s
48AAA(3), s 48AA(3), s 48AA(4)(a), Schedule 1
COUNSEL:	J Sheridan for the applicant. B Wilde (solicitor) for the respondent.
SOLICITORS:	Northern Plateau Legal for the applicant. Office of the Director of Public Prosecutions for the respondent. Department of Children, Youth Justice and Multicultural Affairs.

FANTIN DCJ: The applicant child applies for bail, having been charged with 12 separate offences. There are two offences on indictment: a robbery in company with personal violence, on indictment 105 of 2022; and an assault occasioning bodily harm, in company, on an ex-officio indictment presented today. In addition, there are 10 summary charges. They are two charges of wilful damage by graffiti, one charge of common assault, one charge of possess dangerous drugs (cannabis), one charge of stealing, one charge of attempted stealing, one charge of contravene direction or requirement of police, one charge of failure to appear in accordance with undertaking, one charge of unlawful use of a motor vehicle, and one charge of receiving tainted property.

The application for bail is opposed by the Crown.

The applicant child was 15 years old at the time of the offending and, later, 16 years of age. The circumstances of the offending are summarised in an agreed schedule of facts, which became exhibit 2.

It is necessary to summarise the procedural history of the matter. On the 7th of November 2022, an indictment was presented, charging the child with a single count of robbery in company with personal violence. On 28 November 2022, the matter was

listed for sentence on 2 February 2023, today’s date. No pre-sentence report order was made. On today’s date, the date of the sentence, I was informed that the Crown was

presenting an ex-officio indictment for the offence of assault occasioning bodily harm
in company…