Teen charged with Scott Cabrie’s murder in race against time to have case resolved before his next birthday

The teen accused of murdering a Queensland Uber driver is in a race against time to have his case resolved before his next birthday. This is why.

Hervey Bay Uber driver Scott Cabrie was allegedly murdered during a robbery attempt.

Lawyers acting for a teenage boy accused of murdering a Hervey Bay Uber driver are in a race against time to have the case resolved before his next birthday when he will become liable to be sentenced as an adult.

Under Queensland legislation, juveniles charged with criminal offences can be sentenced as adults if they have not been convicted of the charges by the time they turn 19.

The teen, who was 17 at the time and therefore cannot be identified, was one of two people charged with the murder of Uber driver Scott Cabrie in February last year.

The crown presented an indictment against the teen and an adult co-accused Tye Wayne Porter in the Brisbane Supreme Court on Monday, charging the pair with murder, arson, armed robbery and unlawful use of a motor vehicle.

Co-accused Tye Wayne Porter.

It’s alleged Mr Cabrie was killed during a robbery attempt in which he was forced into the boot of his car and escaped but was chased and fatally stabbed. His body was later found at a boat ramp.

Crown prosecutor Chris Cook on Monday said it was alleged the juvenile inflicted the fatal stab wounds on Mr Cabrie.

The court heard lawyers for both accused were making submissions to the Director of Public Prosecutions about how the matter could be resolved.

Mr Cook said options being presented included a plea to felony murder for the juvenile, but he stressed that no resolution had been reached and the Crown was waiting for submissions from Porter’s lawyers to consider both matters together.

Justice Peter Davis said if the case could not be resolved with a guilty plea, lawyers for the juvenile may need to be ready to take the matter to trial as soon as July.

A vigil for slain Hervey Bay Uber driver Scott Cabrie. Picture: Patrick Woods.

The court heard there was a clock ticking on a conviction for the juvenile who turns 19 in August, meaning he would then face being sentenced as an adult.

In those circumstances, the accused would be given an adult sentencing order, however the court would need to have regard to the sentence that might have been imposed if he had been sentenced as a child.

The maximum penalty for a juvenile convicted of manslaughter is 10 years imprisonment.

But the maximum increases to life if it is established the offence was both an act of violence and was “particularly heinous”.

The court heard there may be an argument for a declaration that Mr Cabrie’s alleged murder was particularly heinous under that provision.

Both alleged offenders are remanded in custody with the adult in a correctional facility and the juvenile in youth detention.

The matters will be mentioned again next month.