The Queen v HK

[2013] QChC 19

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TRANSCRIPT OF PROCEEDINGS

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CHILDRENS COURT OF QUEENSLAND

CRIMINAL JURISDICTION

JUDGE REID

THE QUEEN

v.

HK

BRISBANE

10.21 AM, FRIDAY, 3 MAY 2013

ORDER

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HIS HONOUR:   I have before me an application to review a sentence imposed upon HK.

He was born the 21^st day of March 1997.  He has a minor prior criminal history.  On the 21^st of September 2012 he committed the offence of contravening a direction under the Police Powers and Responsibilities Act.  He was dealt with on the 7^th of November of that year, and a reprimand was given.  No conviction was recorded.  On the 27^th of November 2012 he committed the offence of possession of utensils under the Drug Misuse Act.  On the 9^th of January 2013 he was placed under the Drug Diversion program. Again, necessarily, no conviction was recorded. In the subsequent period of seven to 10 days, he committed offences of possession of liquor and of drugs under the Liquor Act and the Drugs Misuse Act on the 16^th of January 2013, and three days later, on the 19^th of January, committed the offence of stealing.  The drugs involved a minor amount of marijuana.  The liquor involved was two casks of wine and a bottle of alcoholic cider.  The stealing involved him as a dare, taking from outside a shop two framed posters.  All of these offences were committed at night.

The matter came before the Magistrates Court on the 6^th of February 2013.  He was given probation for a period of nine months for the offences associated with possession of drugs and stealing, and a good behaviour bond in respect of the liquor matter. 

The review is in respect of the imposition of nine months probation, a condition of which was that he be subject to a curfew.  In my view the imposition of a curfew for such a significant period of time runs a real risk that it might foster resentment and a negative attitude towards probation which I think might affect the efficacy of any such order.  In the circumstances, I’m strongly of the view that such a curfew ought not be imposed.  I’m conscious that he is subject to bail in respect of other matters which are to be dealt with before the Children’s Court and the District Court of Cairns on the 6^th of June, and that his bail there, in any case, contains a provision in respect of a curfew.  That, however, is only for a period of five months, and there might be different considerations applied to deprivation of liberty whilst on bail;.

In the circumstances, I’ll allow the review and delete the requirement that the probation be subject to such a curfew.

I’m also required to consider the duration of any period of probation.  Mr Law, who appeared for the applicant, submitted that a significantly lesser amount than the nine months should be imposed. Mr Baso who appeared for the Crown did not oppose my view in respect of the removal of the requirement that there be a curfew, but submitted that if I was to reduce the period of probation, it should be reduced to no less than six months to ensure that the order had sometime in which to take effect.  I’m conscious of the risk of, and possible consequences of breach of probation during any period of probation, but in my view that is not itself a good reason why an order for probation should not have been made.  The object, of course, of the exercise is to try to give the young person some guidance to assist them with coping with difficulties that they may have. 

In the circumstances, I’ll reduce the period of probation to a period of six months and delete the requirement that there be any curfew.

MR BASO:   Thank you, your Honour.

HIS HONOUR:   Thank you.

MR LAW:   Thank you, your Honour.

HIS HONOUR:   Both of you.  We’ll just adjourn until 11 o’clock.  I think that’s the end of it.  Thank you, Mr Law for your help this week.  Mr Baso.

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