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PMC v Commissioner of Police[2016] QCHC 12

PMC v Commissioner of Police[2016] QCHC 12

 

CHILDRENS COURT OF QUEENSLAND

 

CITATION:

PMC v Commissioner of Police [2016] QChC 12

PARTIES:

PMC

v

Commissioner of Police

FILE NO/S:

CCQ No. 136 of 2016

DIVISION:

Childrens Court

PROCEEDING:

Appeal

ORIGINATING COURT:

Children’s Court at Beaudesert

DELIVERED ON:

19 September 2016 (delivered ex tempore)

DELIVERED AT:

Brisbane

HEARING DATE:

22 August 2016

JUDGE:

Shanahan JDC

COUNSEL:

D Law for the Appellant

S Klemm for the Respondent

SOLICITORS:

Legal Aid Queensland for the Appellant

Office of the Director of the Public Prosecutions for the Respondent instructed by the Commissioner of Police

  1. [1]
    THE PRESIDENT: This is an application for sentence review pursuant to section 118 of the Youth Justice Act. On the 27th of June this year the Applicant child appeared before the Beaudesert Childrens Court.  She pleaded guilty to three offences, possession of a utensil which was a pipe that was found in her possession, possession of dangerous drugs which was a small amount of cannabis and a shop stealing offence.  The sentencing Magistrate imposed sentences of 12 months’ probation in relation to each of the offences with no conviction being recorded.  The Applicant child was aged 16 at the time of sentence and 15 at the time of the offences.  In fact, the shop stealing offence had been reported to the police by her mother. 
  1. [2]
    She pleaded guilty at an early stage. There are a number of errors demonstrated on the record, although error does not have to be demonstrated in terms of the sentence review process. Firstly, a probation order is not an available sentence in relation to the shop stealing offence. Secondly, the Magistrate proceeded on the basis that the Applicant had a previous appearance before the Courts. In fact, she had been cautioned once which was or should not have been part of her record. And on several occasions the Magistrate referred to the Applicant as an adult. That may have just been an error in terms of his jurisdiction as he was plainly sitting in the Childrens Court and the Applicant was to be sentenced as a juvenile. 
  1. [3]
    The Crown concedes various errors have been made. I am also of the view considering the circumstances of the offences and the Applicant’s previous history that the sentence imposed was not an appropriate one in terms of its severity. This was in fact her first appearance before the Courts and it was in relation to relevantly minor matters. In those circumstances I am of the view that a reprimand was the most appropriate sentence. In the course of submissions it was suggested that the child be referred to drug diversion. That was not considered in any great detail by the learned Magistrate and, indeed, his approach of probation was put to the solicitor representing the child and accepted by that solicitor.
  1. [4]
    It seems to me that that sentence, as I say, was inappropriate in these circumstances. I allow the sentence review. I set aside the orders made in the Childrens Court and instead and at this stage I substitute a reprimand.  It seems to me that this matter should be finalised today rather than deferring it in any further way.
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Editorial Notes

  • Published Case Name:

    PMC v Commissioner of Police

  • Shortened Case Name:

    PMC v Commissioner of Police

  • MNC:

    [2016] QCHC 12

  • Court:

    QChC

  • Judge(s):

    Shanahan JDC

  • Date:

    19 Sep 2016

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

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