The Queen v PC

[2012] QChC 21

[2012] QChC 21

CHILDRENS COURT OF QUEENSLAND

JUDGE SHANAHAN, President

THE QUEEN

v.

PC

BRISBANE

..DATE 22/06/2012

..DAY 1

ORDER

THE PRESIDENT:  This is an application for a sentence review by PC.  He was dealt with in the Childrens Court at Mt Isa for an offence of public nuisance.  He pleaded guilty to that offence on the 12th of April 2012 and was ordered to perform 50 hours of community service.  No conviction was recorded.

He had only one previous appearance before the Courts on the 21st of March of 2012 in relation to a series of property offences.  He was placed on probation for a period of six months.  This offence, obviously, occurred during the currency of that probation order. 

The offence itself, involved him repeatedly swearing at police officers who were attending a disturbance.  He was warned to contain himself, but did not follow that.  It's apparent from the submissions made before the sentencing Magistrate that there had been a disturbance at the premises where he was living, and he'd been in some sort of fight with his brother.  So, obviously, emotions were running high and he was, particularly, abusive to the police. 

But, in the end, he's a 15 year old indigenous youth with a relatively minor history.  It seems, to me, the community service order made was not appropriate in the circumstances.  If he had been an adult convicted of such an offence he would have received a monetary penalty, which in my view, would not have equated with 50 hours of community service. 

It needed to be taken into account that he was only 15 and his relatively minor history.  In the circumstances, I am persuaded there is merit in the sentence review.

This is also an application to extend time.  The application was filed out of time, as a result of Legal Aid not being notified for about a month that the matter was sought to be reviewed.  The Crown opposes the extension of time, on the basis that there is no merit in the appeal.  There is no other disadvantage occasion to the Crown by the extension of time.  And, as I've already indicated, I am of the view that there is merit in the sentence review.  I propose to allow time to be extended and allow the sentence review.

I order that the time for the filing of the sentence review be extended until the 28th of May 2012.  I allow the sentence review.  I set aside the sentence of 50 hours of community service and in the place, the accused child, is reprimanded. 

MR JONES:  Thank you, your Honour.

THE PRESIDENT:  Any other orders needed?

MR LAW:  No, your Honour.

THE PRESIDENT:  All right.  Thank you.