Re JTL

[2021] QSC 211

SUPREME COURT OF QUEENSLAND

CITATION:

Re JTL [2021] QSC 211

PARTIES:

COMMISSIONER OF POLICE (QLD)

(applicant)

v

JTL

(respondent)

FILE NO/S:

SC 366 of 2021

DIVISION:

Trial

PROCEEDING:

Application to review bail

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED EX TEMPORE ON:

27 July 2021  

DELIVERED AT:

Cairns

HEARING DATE:

23 July 2021; 26 July 2021; 27 July 2021

JUDGE:

Henry J

ORDER:

1.   The application is granted.

2.   The child is remanded in custody to appear next in the Cairns Magistrates Court on 6 August. 

3.   A notice to appear will issue requiring her appearance in the Cairns Magistrates Court on that date. 

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 19B(2)

Youth Justice Act 1992 (Qld), s 48AA(4)(b), s 48AAA

COUNSEL:

M Howard (sol) for the applicant

S Rozenbes (sol) for the respondent

SOLICITORS:

Police Prosecutions (Qld) for the applicant
ATSILS for the respondent

A Chamberlain and L Fogg for Youth Justice

1. HENRY J: Police Prosecutions made an application pursuant to s19B(2) Bail Act 1980 (Qld) for a review of a Magistrate’s decision granting bail to the respondent on 12 July 2021. The charges for which the respondent was granted bail are:

   (1)unlawful use of a motor vehicle on 12 May 2021;

   (2)enter a dwelling and commit an indictable offence on 11 July 2021; and

   (3)unlawful use of a motor vehicle in July 2021. 

   It is the grant of bail for the charges of 11 July which particularly prompts the application, they being offences allegedly committed after her most recent sentence. 

2. The respondent is a juvenile.  She turned 15 late last year.  She is a recidivist juvenile offender.  Her appalling juvenile criminal history commenced in late 2019.  It is littered with burglaries and unlawful uses of motor vehicle.  Her alleged offending of 11 July 2021 – the evidence of which is strong in light of the fact of her admission and apparently the fact…