Judge remarks on Qld youth crime crisis at sentencing of Brian Damian Shane Pearson, 18
A Queensland judge has raised concerns over the public discourse of youth crime while sentencing a traumatised young man.
Toowoomba
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The sentencing of a disadvantaged young man had a sitting judge questioning community sentiments surrounding youth offenders.
While sitting in the Toowoomba District Court Judge Alexander Horneman-Wren SC called for members of the public to consider the psychological effects of abuse experienced by many youth offenders.
The respected judge made the comments while presiding over the sentencing of Brian Damian Shane Pearson, 18, who was charged with multiple offences after forcing his way into a Oakey home and driving away with the occupant’s wallet, phone and car.
The court was told Pearson used a crowbar to break into the home while a male resident was inside.
“He came in holding a crowbar in one hand, (and) holding a knife in the other,” Crown prosecutor Abby Kong said.
Ms Kong said Pearson then demanded the man hand over his car keys, wallet and phone and drove away with the man’s car.
Pearson then went to the Oakey FoodWorks and illegally entered another car, stealing some loose change and keys.
Police pursued the offender on the road, who began driving erratically to avoid capture.
They later apprehended the teen and he was taken into custody.
Pearson’s barrister Daniel Boddice said his client had been driven to offending after suffering unimaginable abuse.
“I press the horrific experience this young man was exposed to as a child,” Mr Boddice said.
“He has been subjected to that for the entirety of his life.”
Mr Boddice said, despite this, Mr Pearson was now on a path to a better life and needed the support of the courts to continue on his way.
“It’s the assistance that can be offered that will really benefit the community in the long term because it will provide this young man an avenue to break the cycle.”
In his sentencing remarks, Judge Horneman-Wren argued people were ignoring the reasons behind youth offending.
“When there are debates being conducted in the public domain about matters of youth justice the observation is often made that these young people have choices,” he said.
“What should be observed, and what doesn’t feature often in the public debate, is that (Mr Pearson) had no choices in respect to the matters that affected you as a young person.
“They were not your choices, they were simply things you were exposed to and visited upon you by others and particularly by people who were meant to care for you.”
Mr Pearson was formally charged with burglary while armed by breaking with property damage, armed robbery, unlawfully using a motor vehicle to facilitate the commission of an indictable offence while armed, dangerous operation of a vehicle, driving a motor vehicle without a driver’s licence, stealing, and enter premises to commit an indictable offence.
He was sentenced to three years imprisonment with immediate parole after having served 316 days of pre-sentence custody.
Pearson was disqualified from holding a driver’s licence for three months.
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Originally published as Judge remarks on Qld youth crime crisis at sentencing of Brian Damian Shane Pearson, 18