The Cairns Post

Youth’s sentence is cut by a third

- GRACE MASON

A MOSSMAN teenager who was removed from her family as a toddler and has been addicted to substances and chroming has had her sentence for 10 offences reduced.

Judge Ian Dearden described the 14-year-old’s childhood as “profoundly troubling”, revealing she was placed in the care of Child Safety when she was just 18months-old.

“She is an Indigenous child … is disconnect­ed from family and community which is a clear source of distress … has a history of substance misuse and chroming, and has been detoxing during offending periods,” he said in a sentence review handed down in May.

The court heard she was handed 12 months’ probation and 100 hours of community service in March after being convicted of six counts of wilful damage, three counts of common assault and one count of stealing.

But Judge Dearden said she had been engaging with a drug interventi­on service operated by a local elders group, had no criminal history and deserved a lighter sentence.

“It appears that in the circumstan­ces … that the learned sentencing magistrate has imposed a sentence … which is completely disproport­ionate to the gravity of offences, particular­ly in their context of a troubled child, subject to a placement with the Department of Child Safety who is struggling with anger, frustratio­n, detoxing, has no criminal history and, conversely, is starting to engage with support, particular­ly a culturally appropriat­e mode of support through the community justice group,” he said.

Judge Dearden said she had so far reported as required since starting probation and had already completed about 15 hours of community service. Her sentence was reduced to four months probation with no conviction recorded.

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