The Queen v TB

[2012] QChC 30

[2012] QChC 30

CHILDRENS COURT OF QUEENSLAND

JUDGE SHANAHAN

Indictment No 253 of 2012

THE QUEEN

v.

TB

BRISBANE

..DATE 03/12/2012

ORDER

HIS HONOUR:  This is an application for sentence review.  The applicant pleaded guilty to an offence of breaking and entering a dwelling and was sentenced in the Mackay Childrens Court on 19th of September 2012.  He was sentenced to three months' probation with no conviction being recorded.

The applicant was 14 years of age at the time of the sentence and has no criminal history whatsoever.

The complainant in the matter returned to her home to find that it had been broken into.  Although no property was stolen some property had been removed from the house and was found in the back yard.

At some later time the applicant's mother actually contacted the complainant and the applicant's involvement in the matter came to light. 

The applicant participated in an interview with police during which he made full admissions and he also provided the names and addresses of his co-offenders. 

One of those co-offenders had been dealt with by the time the matter came before the Mackay Childrens Court.  On the 17th of August 2012 that offender had received a reprimand with no conviction being recorded.  That co-offender had also no criminal history and was also somewhat older than this applicant.  There is a clear parity issue involved in this.

Although the learned Magistrate considered a youth justice conference he was of the view that it was inappropriate because the applicant had moved from the Brisbane area.  It seems to me that that was not an impediment to a youth justice conference, but again considering the time that has now passed the applicant's cooperation in the matter, including his full admissions and the fact that no youth justice conference was ordered in relation to the co-offender, I am of the view that it is inappropriate to order that course of conduct at the present time.

However, I am of the view that the sentence imposed was not appropriate in these circumstances.  I note in that regard that the Crown concede the issue.

I allow the sentence review.  I substitute a reprimand for the probation order that was imposed and obviously no conviction is ordered.

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