The Queen v TR

[2012] QChC 4

[2012] QChC 4

CHILDRENS COURT OF QUEENSLAND

JUDGE DICK SC

THE QUEEN

v.

TR

BRISBANE

..DATE 23/02/2012

ORDER

HER HONOUR: This is an application, pursuant to section 118 of the Youth Justice Act 1992, wherein the applicant seeks a review of the sentence imposed by the Children's Court at Charters Towers on the 19th of December 2011. The applicant contends that the sentence imposed was manifestly excessive.

The applicant at the time was aged just 11.  He has a significant criminal history for one so young and the offences to which he pleaded guilty on that day occurred over a relatively short period of time from the 16th of October to the 10th of November 2011.  The concern about his behaviour lies in the repetition of the offences and the escalation of the conduct, in particular I am thinking of the count of injuring animals on the 6th of November 2011.

There is a Pre-sentence Report attached to the material which provides a background history of the applicant and there is no doubt that he has had a tragic and dysfunctional upbringing.  There is also no doubt that he currently engages with a negative peer group and that he has not yet responded to guidance and supervision.

It is argued that he is already under the care of the Department and therefore the Department has those matters in mind. But I do think that there is something further that is contributed by way of supervision orders under the Youth Justice Act and Ms Malley has confirmed that. I agree with the Prosecution's submission that without intervention it would appear his prospects are rather limited.
I was affected by the idea that at his very young age, the  fact that he had spent 40 days in detention prior to his sentence would mean that he had already served an extremely severe sentence.  But having considered the circumstances of the offences and his history, I am persuaded that the order imposed by the Magistrate is excessive.  I am not, however, persuaded that the correct sentence is a reprimand.

I set the sentence imposed by the Magistrate aside and I impose, in lieu thereof on each count and concurrently, an Order for Probation for a period of six months and at this stage, no convictions are recorded.

-----