Queensland youth crime: Townsville juvenile appeals ‘excessive’ jail sentence

A serial child criminal who pleaded guilty to more than 70 offences has had his appeal against an “excessive” jail sentence rejected by Queensland’s top court.

The offender, 16, was sentenced in September last year to 22 counts of unlawful use of a motor vehicle, 39 counts of entering or attempting to enter residences or commercial premises, seven counts of stealing, two counts each of dangerous operation of a motor vehicle and being armed in public so as to cause fear, and one count of wilful damage. Picture: Generic

A serial child criminal who pleaded guilty to more than 70 offences and was sentenced to serve seven months of a two-year prison sentence has had his appeal against the “excessive” ruling rejected by Queensland’s top court.

In a written ruling, the Court of Appeal also rejected an application by the “serious repeat offender”, who has connections to both Townsville and Palm Island, to have a total of 44 convictions overturned.

The offender, 16, was sentenced in September last year to 22 counts of unlawful use of a motor vehicle, 39 counts of entering or attempting to enter residences or commercial premises, seven counts of stealing, two counts each of dangerous operation of a motor vehicle and being armed in public so as to cause fear, and one count of wilful damage.

Details of the 73 separate “persistent and serious” offences are chilling.

The court said the first crime occurred when then child was 14 years’ old and on probation for similar offending, while counts two to 73 were committed over a 20-day period and breached a conditional release order.

“In tandem with unknown co-offenders, the applicant entered, or attempted to enter, 28 separate residential and commercial properties and stole various items of property,” it noted.

“A total of 22 different motor vehicles were also unlawfully used.”

The court said two shops were the subject of ram-raids using stolen vehicles.

“In all, 10 victims were personally confronted by the applicant’s conduct,” it said.

“An array of possessions was stolen, and damage was caused to a large number of properties and vehicles.”

A number of the charges featured “various aggravating features”.

“In one episode of offending – counts 21 and 22 – the applicant and his co-offenders were disturbed by a female occupant after entering her home at night,” it said.

“The applicant pointed a replica firearm at her, pulled the trigger and then laughed when she reacted out of fear.”

In another incident, a female victim was left with “significant and lasting” psychological trauma after a prolonged, violent road-rage type incident near the Townsville Shopping Centre.

“The applicant alighted from the stolen vehicle armed with some sort of tool,” it said.

“He used it to smash the rear driver’s side window of the complainant’s vehicle and yelled, ‘We are from the C-gang, don’t mess with us you fucking bitch’.”

The attack in which the victim’s vehicle was rammed a number of times was only halted when nearby residents intervened.

The Court of Appeal noted that the sentencing judge described the offending as “brazen, lawless and gratuitous”.

“It was also observed that the applicant “caused immense fear and apprehension within the community at large.”

The defence sought leave to appeal the overall sentence because the judge did not sufficiently take into account the mitigating factors.

According to the ruling, the factors included the defendant’s adverse childhood experiences, including domestic violence, a lack of supervision and “disregard for authority”.

“The applicant was firmly associated with anti-social peers and engaged in substance abuse, having first begun using marijuana at the age of 14 years and methamphetamine shortly thereafter,” it said.

“He told the report writer he was under the influence of methamphetamine and marijuana at the time of the subject offending.”

Despite the ruling, the juvenile is scheduled be released from detention this Thursday.

Originally published as Queensland youth crime: Townsville juvenile appeals ‘excessive’ jail sentence