The Queen v KD

[2012] QChC 34

[2012] QChC 34

CHILDRENS COURT OF QUEENSLAND

JUDGE SHANAHAN, President

THE QUEEN

v.

KD

BRISBANE

..DATE 07/12/2012

ORDER

RESTRICTED ACCESS TRANSCRIPT

HIS HONOUR:  This is an application for sentence review by a 14 year old Aboriginal boy who was sentenced in the St George Children's Court on the 8th of October 2012.  He faced a number of offences of entering premises with intent, shop stealing and other offences involving a series of offending behaviour aimed at a local school and shops.  Some damage was done in the course of those offences, but they are common examples of these sorts of offences committed by young people. 

A factor in the sentence that was imposed was the fact that all bar two of those offences occurred during the currency of a probation order.  On the 9th of July 2012 the child was placed on a 12 month probation order in relation to a series of similar offences which had occurred between February of 2011 and December of 2011.  In relation to those matters, the sentencing Magistrate dealt with it as a breach and resentenced the child in relation to those matters as well.  The sentence imposed was four months' detention with an order for release after serving 50 per cent.  All those orders were concurrent and no conviction was recorded.

The child was 13 at the time of the commission of the most recent offences and 14 at the date of sentence. Apart from the matters I have mentioned he had only two other appearances on summary matters in the Children's Court for which he'd been reprimanded. Although the offences occurred whilst subject to probation, they are not, in my view, the most serious examples of this sort of offending. It seems to me that in the circumstances and considering the principles under the Youth Justice Act that detention was not the appropriate order to make. He has now spent 19 days in custody prior to his release on bail on a conditional bail program. That is also a factor to be taken into account and although the Crown argue that the detention order was open in the circumstances, they concede because of that time spent in detention it would be inappropriate to send the child back into detention.

However, as I say, in view of his age at the time, his relatively minor history and his cooperation and pleas of guilty, it seems to me detention is not open in relation to these matters. I allow the application. It seems to me that it is appropriate that the child be placed on a probation order for a period of 12 months. In relation to each matter, including the matters on which he was resentenced, I order the child be released under the supervision of the Chief Executive for a period of 12 months. You must comply with the requirements set out in section 193 of the Youth Justice Act 1992 and must report within seven days to a representative of the Chief Executive. No convictions are recorded, and I take from the material before me that the child would consent to such orders being made.

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