The Queen v JCW

[2012] QChC 32

[2012] QChC 32

CHILDRENS COURT OF QUEENSLAND

JUDGE SHANAHAN, President

THE QUEEN

v.

JCW

BRISBANE

..DATE 06/12/2012

ORDER

RESTRICTED ACCESS TRANSCRIPT

THE PRESIDENT: This is an application for sentence review by a 15 year old child dealt with in the Southport Children's Court. On the 3rd of October 2012 the child pleaded guilty to three offences. There were two counts of wilful damage and a further count of contravene direction. One of the wilful damage offences was under the Summary Offences Act and related to property of a value of $250 or less. The sentencing Magistrate in relation to each offence placed the child on six months' probation. She had pleaded guilty and the offences were of a relatively minor nature. Two of them had occurred in premises where the child was residing in relation to child safety issues.

One summary matter was not amenable to a probation order because the penalty on an adult convicted of such an offence would not have involved imprisonment.  There is thus an error in the sentence made by the Magistrate.  In any event, I am of the view that the order for six months' probation was inappropriate in these circumstances.  The child had no previous appearances before the Courts and these were her first offences. 

It seems to be, considering the circumstances of those offences, that the Magistrate should have considered referring the matter to a Youth Justice conference.  That is particularly so in the light of the complainant in the matter being the residence where the child was placed in relation to child protection matters.  Thus I am of the view that the application should be allowed. 

My order is the application is allowed.  I set aside each of the sentences imposed in the Children's Court.  In relation to those orders I substitute an indefinite referral to a coordinator for a Youth Justice conference to take place.  Obviously no convictions are recorded.

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