The Queen v BW

[2012] QChC 7

[2012] QChC 7

CHILDRENS COURT OF QUEENSLAND

JUDGE DICK SC

Indictment No 387 of 2011

THE QUEEN

v.

BW

BRISBANE

..DATE 24/02/2012

SENTENCE

HER HONOUR:  This is an application for the review of the sentence imposed on the 15th of November 2011 in the Arukun Childrens Court.  On that day the applicant was sentenced in respect of a large number of offences of, generally speaking, property offences.  He was sentenced to, in each case, four months' detention with release after serving 70 percent.

The general nature of the offences were either breaking into cars, unlawful use of cars, breaking into premises.  There is not a great deal of property value involved but the offending occured regularly over a limited period.

He had a criminal history at the time of the sentence and had been placed on probation in the past.  He made admissions to the police.  At the time of the order he was aged 16 years and nine months. 

In this case the Crown concedes that the sentence imposed would be adequately dealt with by imposing a sentence reflecting the time that he has already spent in detention.

I vary the order imposed in the Aurukun Childrens Court and I order that on each count and concurrently he be detained for 70 days on each count. 

I order no convictions be recorded and, I don't think I need to order it but if I do, the time that he has spent in detention in pre-sentence should be deemed time already served under the sentence I have just imposed.

Is there a problem?

MS MALY:  No, just in relation to the order that that will automatically make it a 70 percent order and by varying the order allow the time he has spent serving this order to be considered and therefore it will definitely be finalised today.

HER HONOUR:  Yes.  I am not sure that under the Act I have to cite the time, and I was not given dates, but that is the reason I mentioned it.  I do not want there be any doubt about that, but he has served that 70 days, or 70 percent of it already.

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