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R v DLB[2016] QCHC 4

DISTRICT COURT OF QUEENSLAND

CITATION:

R v DLB [2016] QChC 4

PARTIES:

R

v

DLB

FILE NO/S:

CCQ No. 5 of 2016

DIVISION:

Childrens Court

PROCEEDING:

Sentence

ORIGINATING COURT:

Children’s Court at Bundaberg

DELIVERED ON:

21 June 2016 (delivered ex tempore)

DELIVERED AT:

Bundaberg

HEARING DATE:

21 June 2016

JUDGE:

Shanahan JDC

COUNSEL:

C Cook for the Crown

W McMillan for the Defendant

SOLICITORS:

Office of the Director of Public Prosecutions for the Crown

Cooper Maloy for the Defendant

  1. [1]
    THE PRESIDENT: You’ve pleaded guilty to an offence of unlawful and indecently dealing with a child under 12 years of age. The child was your cousin and she was 11 at the time. On the day in question, which was the 23rd of September 2015, you requested that she take off her underpants because you wanted to rub your penis against her vaginal area.  She declined, although you persisted and she eventually did so.  You did rub your penis against her vaginal area for a period of time.  It made her feel uncomfortable.  She told you to stop.  You were interrupted by the return of some adults.  You dragged her away and hid the underpants.  She emerged from the bedroom and immediately made a complaint and she was observed to be in a distressed condition.
  1. [2]
    When spoken to by the police, you lied to them. You tried to blame her. It seems to me that’s a concerning issue. However, you have pleaded guilty to the offence at an early stage and I think that’s a positive step. The offence occurred when you were 16 years and eight months of age. You’ve now turned 17.
  1. [3]
    You’ve got a long history before the Childrens Court. Although no convictions have been recorded, you’ve appeared on a number of occasions and been subject to a number of different orders. You’ve been placed on probation and community service orders in the past, and on occasions they – those orders have been breached. More recently, you’ve been placed on three conditional release orders, one prior to the commission of this offence, but two subsequently to it.
  1. [4]
    On the 27th of October 2015, you were dealt with in relation to a number of matters, but principally dishonesties, sentenced to detention for three months, but to be served by a conditional release order.  On the 16th of February 2016, again you were dealt with in relation to a number of dishonesty offences and again sentenced to three months’ detention to be served by way of a conditional release order.  It seems that you have completed those orders and your instructions are, in relation to one of the courses you attended as a result, you’re continuing on that course to try and obtain your certificate 1 in construction. 
  1. [5]
    There are numerous offences in your past of dishonesty. There’s only one offence of violence, but it seems relatively minor. It involved an altercation with your father. There are no other instances of any sexual offences. The offence, itself, and its circumstances are concerning, particularly considering the age of the complainant and the difference in ages between you and she. I note the contents of the victim impact statement. It plainly has had an impact on the girl, but the adults who supplied that victim impact statement also recognised that you need some assistance, particularly in recognising how serious the law treats these sorts of matters.
  1. [6]
    You’ve since turned 17 and what you’d better understand is, any more offences committed as a 17 year old will see you dealt with in the adult court. Now, that’s a different regime and a sexual offence committed by an adult requires actual imprisonment, unless there are very special circumstances. So not only are you at risk of going to jail, you will go to jail if you repeat this offence. Do you understand?
  1. [7]
    DEFENDANT: Yes, your Honour.
  1. [8]
    THE PRESIDENT: You’d also better understand that any further offences of dishonesty are going to see you dealt with as an adult and you’ll quickly find yourself in jail. Do you understand that as well?
  1. [9]
    DEFENDANT: Yes, your Honour.
  1. [10]
    THE PRESIDENT: In the circumstances here, however, particularly considering totality issues and the way in which you have completed those conditional release orders, it seems to appropriate to deal with this by way of a probation order. I can only make that order if you understand what’s involved and agree to it. Now, obviously, you’ve had probation orders in the past, some you’ve completed, but some you’ve breached. If you breach these and come back, it may be that you get treated as an adult in relation to any breach proceedings, and as I say, you’ll find that is a different system.
  1. [11]
    Can you listen then to the conditions of probation. It’ll be for a period of 18 months. The first condition is you’ll report, in person, to a representative to the Chief Executive. The lady sitting at the bar table is from the Department, so you see her as soon as we finish in court, and that’s the first condition taken care of.
  1. [12]
    The other conditions are you must abstain from violation of the law. What that means is you can’t commit any more offences during the 18 month time. You’ve got to satisfactorily attend programs as directed by the Chief Executive. You must comply with every reasonable direction of the Chief Executive, you must report and receive visits as directed by the Chief Executive, you or your parent or guardian must notify the Chief Executive within two business days of any change of address, employment or school, and you must not leave or stay out of Queensland during the probation period without the prior approval of the Chief Executive. I’m proposing a special condition of this order that you undertake such courses, counselling and/or treatment in relation to sexual education and stopping sexual offending as considered appropriate, and that you maintain a satisfactory progress.
  1. [13]
    Now, what the order means is, you’re under the supervision of the Department for a period of 18 months. You’ve got to cooperate in that. You go to the meetings that they want to have with you, they can come and see you, you go to any courses or counselling that they think might assist you, and most importantly, you don’t commit any more offences. Do you understand the conditions?
  1. [14]
    DEFENDANT: Yes, your Honour.
  1. [15]
    THE PRESIDENT: You’re prepared to do that order?
  1. [16]
    DEFENDANT: Yes, your Honour.
  1. [17]
    THE PRESIDENT: You’ve got to understand, if you come back breaching this, you may get treated as an adult and you’ll find much more serious consequences happen to you. Considering the circumstances and particularly considering this is your first offence of a sexual nature, I am of the view that your age and prospects of rehabilitation militate against the recording of a conviction. As I’ve indicated in the course of argument, in my view, the provisions in relation to declarations as to domestic violent offences do not apply to juveniles. In the exercise of the discretion I have in any event, I decline to make that declaration.
  1. [18]
    In relation to the offence, I order that you be released under the supervision of the Chief Executive for a period of 18 months. You must comply with all the requirements set out in section 193 of the Youth Justice Act 1992, and you must report today to a representative of the Chief Executive. There is a special condition of that probation. You are to undertake such courses, counselling and/or treatment in relation to sexual education and stopping sexual offending as considered appropriate, and you are to maintain a satisfactory progress in those courses and counselling. No conviction is recorded. Are there any other orders needed?
  1. [19]
    MR COOK: No. Thank you, your Honour.
  1. [20]
    MR McMILLAN: Your Honour, I’d seek an order under section 299A that there be a non-publication.
  1. [21]
    THE PRESIDENT: Do you want to be heard on that, Mr Cook?
  1. [22]
    MR COOK: No submissions, your Honour.
  1. [23]
    THE PRESIDENT: Considering the circumstances and the chance that I have given him by the orders I’ve made, it’s my view that publication of his name should not occur. I order that no identifying particulars can be published. All right. No other orders needed?
  1. [24]
    MR McMILLAN: No, your Honour.
  1. [25]
    THE PRESIDENT: Thank you all for your assistance. We’ll close the Childrens Court and open the District Court.
Close

Editorial Notes

  • Published Case Name:

    R v DLB

  • Shortened Case Name:

    R v DLB

  • MNC:

    [2016] QCHC 4

  • Court:

    QChC

  • Judge(s):

    Shanahan JDC

  • Date:

    21 Jun 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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