The Queen v Ta

[2012] QChC 3

[2012] QChC 3

CHILDRENS COURT OF QUEENSLAND

JUDGE DICK SC

Indictment No 497 of 2011

THE QUEEN

v.

TA

BRISBANE

..DATE 21/02/2012

ORDER

HER HONOUR:  This is an application for sentence review on behalf of TA.

She was sentenced on the 26th of October 2011 in respect of offences of entering premises with intent, unlawful use of a motor vehicle and public nuisance.  At the time of the sentence and now she is aged 12 years.  That is a very young age.

At the sentence, she was sentenced to six months' detention with an order for release after serving four months and convictions were not recorded.

The applicant has a significant criminal history for one so young.  The history contains a number of dishonesty offences which, principally, relate to repeated theft of products containing propellants for the purpose of inhaling the contents.

It should be noted that she had appeared in the Childrens Court at Mount Isa on the 12th of October some two weeks before this event and, on that occasion, she was placed on six months probation.

The legislation provides that a review of a sentence must be way of rehearing on the merits although the Childrens Court Judge may have regard to the record of the proceeding before the Childrens Court Magistrate.  It is not necessary to demonstrate error on behalf  of the sentencing Magistrate but, having said that, it is also a necessary element of the sentencing process that the sentence on a child under the Act be with idea that detention is a last resort in mind.

This young person's criminal history at such a young age is cause for concern, however, there is also the principle of totality and I need to consider what would have been the sentenced imposed had she been sentenced with the other matters on the 12th of October.

It is possible, I think, that her sentence, because of her history, could have been as significant as a conditional release order but I am not satisfied that it would not simply have been an extended period of probation, say, 12 months.

Significantly, in the interim, she has relocated to Tasmania so if detention were ordered here she would be cut off from her family for the period imposed and, further, if I impose the conditional release order there may be difficulty with transferring that order and I do not intend to make a futile order.

Also, the affidavit suggests to me that part of her problem in Mount Isa was her peer group and she has now been distanced from them so I set aside the sentence imposed by the Magistrate and I order that no conviction be recorded and that she be released under the supervision of the chief executive for a period of 12 months and that she must comply with the requirements set out in section 193 of the Youth Justices Act and, in addition, I make it a condition that the young person comply with the requirements of the order outside the State of Queensland.

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