13-year-old carried replica AK-47 and knife, court told

A 13-year-old involved in a stolen car convoy and caught breaking into a home armed with multigrips, a replica AK-47 and a knife, has received probation after a five month spell in detention.

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Lawyers have blamed a lack of school attendance for a 13-year-old boy’s ‘boredom’ that triggered a spiral into serious property crime.

The boy - who we will call CJ - appeared in Townsville District Court on Wednesday, November 20, barefoot, dressed in brown shorts and an orange shirt from Cleveland Youth Detention Centre.

The court heard CJ had spent the last five months in Cleveland while waiting to be sentenced, and has been involved in 29 incidents inside the detention centre in that time, including not following directions, damaging property and getting into ‘altercations’ with staff and other kids.

Crown prosecutor Ashley Gaden said the boy had fallen in with an “anti-social” group of older children when he became disengaged from school, and blamed them for his detention, leading to the large number of altercations in the centre.

CJ first came to the attention of police in November 2023 when he was discovered hiding behind a tree near the scene of an interrupted night-time home invasion, the court heard.

After being found hiding in the backyard, police linked CJ to a recent break and enter of a store where multiple gel blasters were stolen.

Ms Gaden said a search discovered CJ had a replica AK-47 gel blaster, a stolen VISA card, a kitchen knife, a torch, multigrip pliers, a phone, and jewellery in his possession.

“He attempted to break into a 76-year-olds home in Vincent alongside two other offenders,” Ms Gaden said.

“He was deterred only when a neighbour was woken by the commotion and called the police.”

CJ was found hiding behind a tree - his two co-offenders had successfully fled over a fence.

After being arrested police linked CJ to a recent break and enter where multiple gel blasters were stolen from a store, including the AK-47 replica.

Ms Gaden said CJ was denied bail at that point, but by May 2024 he was out again in the community and involved in a stolen car convoy.

“In the early hours of the morning the group were with a stolen Suzuki Swift and stolen Nissan X-trail and they were in a carpark in South Townsville near the boat ramp,” Ms Gaden said.

“There were seven co-offenders that stood outside those stolen vehicles.”

Ms Gaden said all seven youths picked up metal tools and smashed up the Suzuki Swift, before one lit a rag and placed it in the fuel port.

They then drove off in the Nissan, which was later found dumped on Bamford Ln, the court heard.

CJ sat clutching a paper cup during his sentencing, and only smiled once when the names of two other children he’d acted alongside were read out.

A few days after the Suzuki Swift was torched, CJ was involved in the theft of a Dodge RAM from the Discovery Park in Wulguru, and was captured on CCTV doing a fuel drive off.

The RAM was found abandoned in Hermit Park with CJ’s fingerprints inside.

On May 23, 2024, police executed a search warrant and arrested CJ, transporting him to detention.

CJ’s defence lawyer Ross Malcomson said his client had been exposed to domestic violence and “parental criminality” growing up and it was “no start for a young man”.

Mr Malcomson also raised the point that CJ’s Education Queensland records outlined concerns of an undiagnosed intellectual disability.

CJ’s grandmother attended court to support him.

CJ pleaded guilty to breaking and enter premises and stealing, attempted burglary by night in company, unlawful use of motor vehicle, stealing, arson, unlawful use of motor vehicle by night in company, receiving tainted property, possessing tainted property, and possessing by night instrument of house breaking (the multigrips).

Judge Ian Dearden gave CJ a nine month probation order for his crimes, noting the 151 days he’d already served in detention.

CJ will be released to live with his grandmother, and will be under the supervision of a probation officer as he is transitioned back into school.

Originally published as 13-year-old carried replica AK-47 and knife, court told