Adult Crime Adult Time fail: Soft sentence for teen home invader, robbery threaten violence

A teenager who broke into a Toowoomba home and threatened a homeowner with a tyre iron has been sentenced to a community-based order despite being subject to new youth crime legislation.

A teenager who broke into a Toowoomba home and threatened a homeowner with a crowbar has been sentenced to a community-based order despite being subject to new youth crime legislation. Picture: QPS

A young man who threatened to “f--k up” a homeowner with a crowbar during a Toowoomba home invasion has received a soft sentence under the state’s new Adult Crime, Adult Time legislation.

Toowoomba District Court was told the troubled Darling Downs teenager and alleged co-offenders broke into the home at 2am on February 26, waking a man sleeping in a lounge room.

The offenders, who allegedly began pillaging the home, gained entry to the address after the teenager found keys inside a car parked outside the home.

Crown prosecutor Abby Kong said the homeowner woke up and chased the group from his home, before he was confronted by the teen outside, who was wielding a tyre iron.

Ms Kong said the teenager threatened the man, saying “don’t come any closer or I’ll f--k you up,” and “don’t make me hurt you”.

The court was told the teenager was arrested and released on bail in March, however it was revoked on April 17.

Ms Kong said it wasn’t the first time the teenager had spent time in custody on remand for property offences, noting those 47 days in custody and a probation order didn’t stop the boy from continuing to offend.

Ms Kong said given the young man committed the crime in February, he was to be sentenced under the new legislation that increased the maximum penalties to be in line with adult offenders.

David Crisafulli has said there was still a lot of work to do to tackle the issue of youth crime. Picture: John Gass Picture Lachie Millard

“Detention is not a last resort in this sentence and no regard can be had to that principle,” she said.

She conceded the juvenile offender’s age and prospects of rehabilitation were relevant aspects of the case, however a term of actual imprisonment was warranted.

“What is made clear… by virtue of these amendments (to the laws) is that the court must have primary regard to any impact of offences on victims,” she said.

“It was done in order to hold young offenders to account, to deter them, to reflect the community’s denunciation… particularly with this kind of offending.

“Entering into strangers’ homes, late at night, threatening armed violence in order to get away with stealing people’s property… is offending which strongly calls for denunciation and deterrence.”

She submitted a 12 to 18 month jail term was within range, with release on a supervision order, on a date the judge saw fit.

Ms Kong said a supervision order was preferred over a probation order, because it involved stricter conditions, noting probation orders hadn’t worked in the past.

The juvenile’s barrister Tristan Carlos said the teenager hadn’t been in trouble with police until mid-2024 until a number of incidents occurred, derailing his life.

Mr Carlos said his client ended up living with a drug dealer after experiencing domestic violence at the hands of his stepfather, because his mother couldn’t find crisis accommodation for her entire family.

While at the temporary accommodation, the said the teenager began using meth, however he now had a safe place to live away from those negative peers.

Judge Dennis Lynch KC (AAP Image/Claudia Baxter)

Judge Dennis Lynch KC said the teen would be sentenced in a way that recognised his genuine remorse and the efforts he’d already made to rehabilitate himself and stay out of trouble.

“And to be dealt with in a way that recognises the need for guidance and assistance due to immaturity,” he said.

He said there was no doubt that the incident would have been terrifying for the homeowners, however noted that there was a causal link between the teenager’s circumstances and the commission of the crime.

Given the young man’s short-lived criminal history, the support available to him, future plans, and willingness to continue drug therapy, he was sentenced to a community-based order and had no conviction recorded.

Judge Lynch said he had reason to believe the young man had turned a corner, but warned him that if he didn’t comply with the court order, he would likely end up in jail.

The soon-to-be adult pleaded guilty to unlawfully entering a car, burglary, and armed robbery, and was sentenced to a two-year probation order before the Toowoomba District Court on Friday, June 13.

He was found in breach of his former probation order and was not further punished.

He spent 79 days in custody for the incident.

The court heard the maximum penalty under the new law for armed robbery was life.

Originally published as Adult Crime Adult Time fail: Soft sentence for teen home invader, robbery threaten violence