Cairns child avoids conviction after threatening 17yo with bolt cutters during attempted armed robbery

A Cairns judge has rejected an application to declare a child with a criminal history as a serious repeat offender despite holding a pair of bolt cutters at a man, screaming “give us all your stuff or we’ll f***ing stab you”.

A 16-year-old boy with a “lengthy” criminal history has avoided a conviction and a serious repeat offender declaration after pleading guilty to attempted armed robbery. Picture: Brendan Radke

A Cairns judge has rejected an application to declare a child with a “lengthy” criminal history as a serious repeat offender.

On October 4, Cairns Childrens Court heard a 16-year-old boy threatened another teenager on a Cairns bus with a set of bolt cutters on June 8, 2022, while on probation for a separate matter, demanding he hand over personal items.

The 16-year-old, who pleaded guilty, was arrested more than two months later.

Judge Tracy Fantin sentenced him to a 12-month probation period; a conviction was not recorded.

“You had a pair of bolt cutters and you held them at the man, saying, ‘give us all your stuff or we’ll f***ing stab you. We’ll crush your head open.’ The man ignored you. You hit the bolt cutters on the back of the chair and threatened him again,” Judge Fantin said.

“This was an opportunistic and spontaneous decision … There was no actual violence inflicted on the man. No property was actually taken from him.”

Judge Tracy Fantin considered many mitigating factors when not recording a conviction. Picture: Brendan Radke

The boy’s previous offending included causing physical injury to a woman when he pushed her to the ground during a bag snatch when he was 14.

Judge Fantin considered many mitigating factors when rejecting the prosecution’s serious repeat offender application.

“You are a boy who has had a profoundly disadvantaged childhood and upbringing,” she said.

“Child Safety has been involved in your life since a very young age. You were exposed to domestic and family violence; and to your parents misusing substances … They did not give you adequate care and housing and supervision.

The court heard the 16-year-old boy threatened another teenager with bolt cutters. Picture: File photo

“You were exposed to anti-social role models, people committing criminal offences.

“You have not been to school for years.

“I have taken into account the psychologist’s report … Your reading fluency is year 2 or 3 level … (the report) includes homelessness.

“You suffered a brain injury at two years of age.”

Judge Fantin considered the boy’s 197 days spent remanded in pre-sentence detention.

She also noted the “harsh” conditions of previous detention, including time in adult watch houses.

“For 58 days … you were remanded in a detention centre, on each of those days you spent less than two hours out of your cell,” she said.

“For 13 days, you spent no time out of your cell at all.

“Punishment is already served by the lengthy and harsh period you have spent in detention.

“You want to live with your mother on your release, although you understand that is not a placement approved by Child Safety. Child Safety (is) seeking short-term accommodation for you and housing for you.”

Originally published as Cairns child avoids conviction after threatening 17yo with bolt cutters during attempted armed robbery