TBB v The Crown

[2012] QChC 24

[2012] QChC 24

CHILDRENS COURT OF QUEENSLAND

JUDGE SHANAHAN

T B B	Applicant
v.
THE CROWN	Respondent

BRISBANE

..DATE 21/06/2012

ORDER

HIS HONOUR:  This is an application for sentence review by T B B.  Ms B pleaded guilty to an offence of assault occasioning bodily harm before the Childrens Court and was placed on a probation order for a period of six months.  No conviction was recorded.

The offence occurred on the 1st of January 2012 when she had been asked to leave a party.  She walked past the complainant and thought that he was laughing at her.  She punched him in the face, causing injury to his lip which later required five stitches.  She is aged 16 and she has no history before the Courts at all.

A submission was made by the Prosecutor before the sentencing Magistrate that a youth justice conference may an appropriate way to deal with this matter.  At that stage, through her representatives, the child indicated she was not prepared to be involved in a youth justice conference.  It's apparent from the material before me that she had been willing until she had spoken to her lawyer on this day and perhaps received incorrect advice that she shouldn't be involved in such a process.  In any event, the Magistrate's hands were tied by that refusal and as a result the Magistrate imposed a six-month probation order.

Material now placed before me indicates that the child is prepared to undertake a youth justice conference.  Considering her previous good character and prospects, it seems to me that that's an appropriate way to deal with this matter.  It doesn't seem to me that she is in need of supervision in the community.  I note in that regard that the Crown agree with the submission by her now representatives and it should be noted that it could not be suggested the sentencing Magistrate made an error in any way as a result of what had occurred before him.  However, in those circumstances, I'm prepared to allow the sentence review.

My orders are: the sentence review is allowed; I set aside the sentence that was imposed; I order, pursuant to section 161 of the Youth Justice Act, that this matter be referred for a youth justice conference. That is an indefinite referral.

Is that sufficient?

MR COOK:  Yes, thank you, your Honour.

MR LAW:  Thank you, your Honour.

HIS HONOUR:  All right.  Thank you all.  That completes matters?

MR COOK:  It does, your Honour.

HIS HONOUR:  Then we'll adjourn, thanks, Bailiff.

‑‑‑‑‑