YOUNG CRIMS LET OFF
CHILD offenders who stole cars, fuel and used heavy drugs have had their sentences thrown out and replaced with softer punishments. Three Childrens Court of Queensland appeals have been successful, including a 14-year-old boy who stole a van from Rasmussen and took it on a 350km joy ride, leaving it on fire on the highway.
A BOY who broke into a childcare centre, stole a mini-van and left it to burn on the side of a highway had his jail sentence thrown out and replaced with a lesser punishment.
The 14-year-old’s three-month detention sentence was scratched after a successful appeal in the Queensland Court of Appeal found the original magistrate had an “erroneous bias” in their sentencing earlier this year.
The boy, who moved to Townsville last year, was charged with multiple offences after he broke into a Rasmussen childcare centre with two others on March 7.
He ripped the CCTV camera from the wall and stole a key to the Little Zebra Child Care Centre minivan.
The boy got in the driver’s seat and sped away, hitting speeds so fast that police terminated their chase at 94km/h. The van changed lanes, crossing on to the wrong side of the road and pulled into oncoming traffic before speeding out of sight.
The boy drove the van to a petrol station and stole $39 of fuel before driving south on the Bruce Highway at 100km/h.
The joy ride ended near Bowen where other motorists saw the van on fire by the side of the highway.
Days later, the boy was found during the night with tools used to break into houses, and some marijuana.
The boy pleaded guilty to multiple charges, including dangerous operation of a vehicle, and was sentenced to three months’ detention.
Police prosecution opposed the appeal, but Legal Aid solicitor for the applicant, Cassandra Hollett, convinced judge Deborah Richards the sentence was too harsh.
The court heard how the child was an alleged victim of neglect, exposure to domestic violence and physical abuse through his “extensive” child protection history.
The boy has never met his father, and grew up with his grandparents as his mother was in and out of his life.
His mother was in Townsville Women’s Correction Centre when he was sentenced earlier this year.
The child moved to Townsville late last year as he had no family willing to care for him.
Police records detail an incident on Christmas Day where he spent about eight hours with police as no family was willing to have him.
The boy, who had a clean criminal record six months ago, used marijuana often and broke into homes and businesses to take money for drugs and food.
He spent four days in a watch house and 22 days in custody, and is now living in a residential care facility.
Judge Richards said the boy’s driving, while dangerous, was ameliorated by his time in custody already served.
She said the original magistrate proceeded on an “erroneous bias” that detention was the only appropriate sentence when other options had not been fully explored.
His detention sentence was thrown out and Judge Richards sentenced the boy to nine months’ probation with no convictions recorded.
THE ORIGINAL MAGISTRATE PROCEEDED ON AN ‘ERRONEOUS BIAS’ THAT DETENTION WAS THE ONLY APPROPRIATE SENTENCE WHEN OTHER OPTIONS HAD NOT BEEN FULLY EXPLORED – JUDGE RICHARDS