Application denied: First challenge of journalist access to Cairns’ Childrens Court heard

New laws passed in September granting members of the media and victims access to Childrens Court matters have had their first test in Cairns as a young girl was sentenced for armed robbery.

New laws passed in September granting members of the media and victims access to Childrens Court matters have had their first test in Cairns as a young girl was sentenced for armed robbery.

On Thursday the defence counsel for a 14 year old being sentenced for armed robbery in company when she was just twelve submitted an application for the exclusion of the media as she was brought before Judge Michael Burnett.

Thomas Feeney argued that the court ought to be closed, as when the matter was first heard before Judge Joshua Trevino KC, the media would not have had access.

After a quick review of the amended Childrens Court Act, Judge Burnett was satisfied it was not necessary to close the court to prevent prejudice to the proper administration of justice or for the safety of any person, including the child.

James McArdle was a no show at the Cairns Court House on Tuesday afternoon with his extradition to Victoria scheduled for Wednesday.

Crown prosecutor Ryan Smith told the court the girl who was 12 at the time and with a group of friends, stopped a 13-year-old boy who was riding an electric scooter.

He described the offending as “brazen and opportunistic”.

“The defendant used a metal ratchet to strike the child in the ribs, he ran away and the scooter was stolen.”

Mr Smith told the court, the offence has had serious psychological impacts on the child who now experiences anxiety in public and on going bad dreams.

Since her first appearance for this matter the girl has developed a three page criminal history that includes stealing cars, break and enters, and stealing.

Mr Feeney outlined that the girl was initially ordered by the court to undergo a restorative justice program with the victim but that did not occur leading to her now facing sentence.

He told the court it was her first offence at the time and it was out of character in her other offending in terms of the use of violence.

Mr Feeney argued for no action to be taken or for the girl to be reprimanded which was rejected by Judge Burnett who sentenced her to three months probation.

“Probation is not a punishment,” He said.

“She has had no proper mentoring and there is a problem in her household.

“Someone has to teach here these things are not acceptable.

“The path you are taking is the bad path and you need some help to assist you to deliver some social skills,” Judge Burnett told the teenager.

Originally published as Application denied: First challenge of journalist access to Cairns’ Childrens Court heard