The Queen v Mck

[2012] QChC 33

[2012] QChC 33

CHILDRENS COURT OF QUEENSLAND

JUDGE SHANAHAN, President

THE QUEEN

v.

MCK

BRISBANE

..DATE 07/12/2012

ORDER

RESTRICTED ACCESS TRANSCRIPT

HIS HONOUR:  This is a sentence review by a child who was dealt with in the Southport Children's Court.  On the 12th of October 2012 he was sentenced in relation to offences of unlawful use of a motor vehicle, three dangerous operations of a motor vehicle, four counts of stealing and one count of wilful damage.  He was also dealt with in relation to other matters, principally traffic matters, and was reprimanded in relation to those matters.  However, in relation to the indictable offences, he was placed on 12 months' probation, ordered to perform 200 hours of community service and disqualified from holding or applying for a driver's licence for a period of 18 months.  No convictions were recorded. 

At the time of the offences, the child was 16 years and 10 months and the dangerous operation offences involved three separate occasions when the child was driving a car that he had unlawfully taken and sought to avoid police stopping him.  That caused considerable danger at least on one occasion when he passed close to a police officer and also occasioned substantial property damage on the final occasion when collisions occurred with police cars.  In total, in relation to all that offending, some $15,000 worth of damage was done. 

He had a relatively minor history, although he did have a previous offence for unlawful use of motor vehicles.  On the 20th of December 2011 in the Children's Court he'd been dealt with for a number of offences, including dishonesty offences, but also four counts of unlawful use of motor vehicles.  Those matters were sent off for a Youth Justice conference.  He's also been dealt with on the 6th of March 2012 when he had been reprimanded again for two unlawful uses of a motor vehicle and a stealing offence. 

The child had an unfortunate background, including some disabilities. The application for sentence review is brought in particular in relation to the order for community service and the length of the disqualification period. There has been some argument about whether the Transport Road Use Operations Act, a later Act, overrules specific provisions in the Youth Justice Act. To my mind, it does not. The Youth Justice Act is a specific Act legislated as a code in relation to dealing with children. There is a specific provision in that Act, section 254, relating to the Court's power in relation to disqualification orders. That provides a discretion where no conviction is recorded, and if a conviction is recorded the child is liable for the disqualification periods provided in the Transport Operations Road Use Management Act of 1995. Here there were no convictions recorded and in that regard, in my view, there is a discretion in the sentencing Court as to the length of any disqualification period.

The Transport Act provides that in relation to a conviction in relation to a dangerous operation of a motor vehicle, that there is an automatic six months disqualification.  It seems to me, and considering the circumstances of the driving here, that some disqualification period was appropriate.  It also seems to me that the 200 hours of community services that were ordered, which of course were at the maximum, was inappropriate in these circumstances.  The child had spent some 20 days in detention prior to sentence and it seems to me that that should have been given appropriate recognition. 

I am thus of the view that the number of hours of community service ordered should be reduced.  It seems to me to recognise that 20 days in detention that an order for 80 hours of community service was the appropriate order. 

I allow the application.  I set aside the orders for 200 hours' community service and the 18 months' disqualification of applying or holding a driver's licence.  I substitute in relation to those orders that the community service should be for a period of 80 hours, and that there should be six months' disqualification from applying or holding a driver's licence, which of course includes a learner's permit.  The 12 month probation order is to continue.  Is that sufficient?  I should say, obviously, no convictions are recorded.

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