Toowoomba teen sentenced over burnt out stolen cars crime spree
A severely intellectually impaired teenager who was locked up for more than two years was influenced to commit crimes, a court has been told.
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A Toowoomba boy with “extremely low” mental ability who faced racism and bullying was caught stealing cars and keys from Toowoomba homes.
The 16-year-old Toowoomba boy pleaded guilty to 14 offences before the Childrens Court of Queensland in Toowoomba on Friday July 18, including multiple property offences and one count of arson.
Crown prosecutor Abby Kong told the court the boy, as part of a group of young people, broke into several homes across two nights in February this year, stealing car keys and wallets then driving away in the occupant’s vehicles.
One vehicle was later found burnt out.
The court was told it was unclear how the boy participated in each offence; however he was charged on the basis of his involvement.
The court further was told he had spent the past three years in and out of custody.
Defence barrister John Davis said his client was in detention for 25 of the past 32 months, starting in 2023 after he was charged and sentenced for a NSW robbery.
Mr Davis said the boy struggled with significant mental impairments, including severe illiteracy issues, impulsivity and problems with consequential thinking.
He added the boy was found to have an IQ rating of 64, which Mr Davies said classified him with “extremely low” mental ability.
“While he might be of the same or similar age to the co-offenders there is a good chance his intellectual abilities are not the same,” he said.
“There are obviously possible other diagnoses that he might have should he have the opportunity to be assessed.”
Mr Davis said the boy was influenced into criminal activity by those around him, including his immediate and extended family.
“It was actually one of his young relatives who came and got him up and out of bed to go and commit that robbery in 2023,” Mr Davis said.
“Subjectively, when (he) compared his life against his peers, it was quite good – he always had food on the table, he always had a place to sleep, he could get access to his father.
“But objectively, you can still be a child that is a long way from the position of privilege that other children grow up in.”
Mr Davis said the boy was exposed to cannabis from as young as infancy and began using as young as ten years old.
He added the boy had experienced racism at school to such an extent, he was forced to leave shortly after starting high school.
“That’s something that not only he reports experiencing but is also something his sister verifies and confirms,” he said.
“To phrase it gently, I expect there were issues with resourcing at the school and not being sufficient to support (the boy) from the bullying and racism he was experiencing.”
A Youth Justice report stated the boy showed limited signs of remorse for his offending, often smirking when asked about his crimes.
However, a representative for the department conceded his intellectual impairments could have impacted his response.
“When he doesn’t understand something or he doesn’t get the picture, his typical reaction is to smile and go along with it,” Mr Davis said.
“I asked him directly if you don’t understand something from friends or from a responsible adult how comfortable would you be to stop and say ‘I don’t understand’; he said he just wouldn’t, he’d smile and nod and keep going.
“(The report said) following significant prompting he reported he felt guilty and bad … there is a very real possibility that what that actually entailed was taking the time, working slowly ensuring that he could actually see the picture from someone else’s perspective.”
Mr Davis said the boy had dreams of becoming a barber.
“The biggest smile I was able to get out of him was when I asked him about that,” he said.
“I submit there is a seed of hope in that smile and that is a possible future for him.”
Taking into consideration his life circumstances, Judge Benedict Power KC sentenced the boy to a 12 month detention order, to serve 50 per cent.
“You are in a system of justice where the system tries to help young people whose minds and characters aren’t fully developed but the danger is the clock runs out on that and a much harsher system comes into play,” he said to the boy.
“It’s really important you try and take advantage of the support that’s there even though it’s hard.”
No convictions were recorded.
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Originally published as Toowoomba teen sentenced over burnt out stolen cars crime spree