The Queen v VTS

[2018] QChC 34

TRANSCRIPT OF PROCEEDINGS

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CHILDRENS COURT OF QUEENSLAND

JUDGE SHANAHAN

Indictment No 338 of 2018

THE QUEEN

v.

VTS

BRISBANE

11.20 AM, WEDNESDAY, 28 NOVEMBER 2018

SENTENCE REVIEW

RESTRICTED ACCESS TRANSCRIPT

Any Rulings that may be included in this transcript, may be extracted and subject to revision by the Presiding Judge.

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THE PRESIDENT:   On the 20^th of September 2018 the applicant pleaded guilty to three offences before the Childrens Court.  There was one offence of possession of dangerous drugs, an offence of possession of utensils and an offence of unlawful possession of a weapon, which was a taser.  On the 31^st of July 2018 a search warrant was executed at his premises.  Various drug paraphernalia were found, including bongs, together with a small amount of cannabis in two separate lots – one weighing six grams and one weighing one gram.

He had a previous appearance before the Courts on the 17^th of November 2016 in relation to other drug matters where a drug diversion order was made.  In my view, these are relatively minor drug offences and the sentence that was imposed was an order for six months probation with no conviction.  In my view, the Magistrate was led into error by the submissions made by the child’s representative.  It was he who suggested a probation order.  And the Magistrate acceded to that.  The cases are clear that there must be some proportion between the sentence to be imposed and the offences. 

To my mind, here the offences are minor.  And even considering his history, which occurred some 20 months before, that a six months probation order was excessive in the circumstances.  In that regard, if he had been dealt with as an adult in relation to those offences I am of the view that a fine would have been imposed.  Although the considerations in relation to adults are different, because before one can get to probation one must be satisfied that the offence warrants a jail sentence which does not apply in relation to juveniles, it is still a matter that needs to be considered. 

To my mind, there is no proportion between the sentence imposed and the actual offences and the child’s history.  In those circumstances, I allow the application.  I set aside the orders that were made on the 20^th of September 2018.  I substitute an order that the child be of good behaviour for a period of six months and no conviction is recorded.  Are any other orders needed?

MS COBURN:   No.  Thank you, your Honour.

MS ALDAS:   Thank you, your Honour.

THE PRESIDENT:   All right.  Thank you both.  You too, Ms Gill, although you said nothing.  We will open the Court, thanks.

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