Re JRP

[2022] QSC 33

SUPREME COURT OF QUEENSLAND

CITATION:

Re JRP [2022] QSC 33

PARTIES:

COMMISSIONER OF POLICE (QLD)

(Applicant)

v
JRP

(Respondent)

FILE NO/S:

SCR No 131 of 2022

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court of Queensland at Cairns

DELIVERED ON:

10 March 2022

DELIVERED AT:

Townsville

HEARING DATES:

10, 11, 21 February, 2022

JUDGE:

North J

ORDER:

1.   The order issued in the Townsville Childrens Court on 8 February 2022 granting bail to the child be revoked.

2. A warrant issue for the apprehension of the child pursuant to 19D Bail Act 1980 (Qld) to appear before the Childrens Court at Townsville; and

3.   That child be remanded in custody.

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – BAIL – REVOCATION, VARIATION, REVIEW AND APPEAL – where Police Prosecutions applied pursuant to s 19B(2) Bail Act 1980 (Qld) for a review of a Magistrate’s decision to grant the respondent bail – where the charges for which the respondent was granted bail included enter a dwelling and commit an indictable offence and unlawful use of a motor vehicle – where the alleged offending involved breaking into a residential property and the unlawful use of a vehicle stolen from this property – where the respondent is a juvenile – where the respondent had a significant criminal history – where the respondent was on bail for periods of the alleged offending – whether burglary and unlawful use of motor vehicles by juveniles endangers the safety of the community – whether if released there is an unacceptable risk that the child will commit an offence that endangers the safety of the community – whether it is not practicable to adequately mitigate that risk by imposing particular conditions – whether the bail granted to the respondent should be revoked

Bail Act 1980 (Qld), s 14B, s 19B

Youth Justice Act 1992 (Qld), s 47AF, s 48, s 48A, s 48AA(4)(b), s 48AAA, s 48AE

COUNSEL:

K Read for the Applicant

K Koelmeyer for the Respondent
K Coffison for Youth Justice

SOLICITORS:

Townsville Prosecution Services for the Applicant

Legal Aid Queensland for the Respondent

1. The respondent is 15 years of age and comes from a disadvantaged indigenous background.

2. He has a long and concerning history of offending.[1]  A summary of the most relevant convictions or court proceedings found in Exhibit 7 is set out in the outline of submissions on behalf of the applicant[2] the summary is:

   [1]     See 10 page history, Exhibit 7 to the Affidavit of Erin Collis filed 9 February 2022.

   [2]     MFI 1 at para 32.

   “     a.    He has multiple entries pertaining to violent offending. These include:

   i.Robbery with actual violence/in company dated 26/01/2019; and

   ii.Threatening violence by words or conduct dated 05/01/2019.

   b.Most concerningly, he has a prior conviction for dangerous operation of motor vehicle causing grievous bodily harm dated 10/04/2019.

   c.He has significant number of prior convictions for property related offences and offences involving the unlawful use of motor vehicles. These include:

   i.12 convictions for enter premises and commit indictable…