Behind the closed doors of Townsville Children’s Magistrates Court

No-show parents, stern words but light sentences and residents fed up of hearing the same thing on a different day. Here’s what the inside of Townsville Kid’s Court looks like.

No-show parents leaving their kids to languish behind bars, lawyers trying to block the media from reporting on matters and fed up magistrates, sick of hearing the same excuses – this is what the inside of Townsville Children’s Magistrates Court looks like.

It’s been eight months since new Queensland laws allowed media and victims of youth crime into children’s magistrates’ court.

It was a shaky start for reporters including those at the Townsville Bulletin as defence lawyers attempted to close the courts by making applications citing that it would endanger youth offenders’ safety.

Within the first week of the law change, the solicitor for a 16-year-old boy who pleaded guilty to wilful damage after he damaged a light fixture valued at $2000 inside a detention centre unit applied to have a journalist excluded from the courtroom as she claimed the story wasn’t of public interest due to it being a nonviolent offence.

She also argued that the boy was more vulnerable due to being in state care.

It is still, of course, not legal for juveniles to be identified.

The application which took 20 minutes of court time was ultimately rejected by Magistrate Viviana Keegan who let the journalist remain inside the courtroom.

“I of course have to consider the objectives of the bill, which is not only to enhance community safety but to address key issues affecting public security,” Her Honour said.

Viviana Keegan

“Community concerns have included: the lack of knowledge of the youth justice system, and the fact that this jurisdiction has occurred in close court. That has specifically led to these amendments.”

The actual sentencing of the boy took a total of two minutes as magistrate Keegan sentenced him to a restorative justice order where he was to meet with the victim of the crime and take actions to repair the harm caused.

Children left behind as parents ignore court calls

Lawyer’s exclusion applications were not the only challenges to come from children’s court.

In Queensland it is law for a parent or guardian of the child to be present whether that be in person or via phone to monitor the children’s proceedings.

A young girl who was scheduled to make a bid for bail and sat in the dock was told that she would have to adjourn the application as no guardian or parent showed up or answered the phone.

The court was told the girl’s mother was in jail and her father was away so she had been in the care of her aunty, who failed to answer, as did her stepfather.

Her lawyer told the court it was a “challenging situation”.

“It’s certainly not my client’s fault that her mother is in jail and her father’s away attending sorry business, she’s been left in the care of another relative,” the lawyer said.

Magistrate Steven Mosch acknowledged that there had been a time where the courts could deal with the matter without the presence of a guardian.

“I am concerned given her age and lack of history and I am aware that the youth detention centres are full, that there is some need to progress this matter,” he said.

On that same day, magistrate Mosch dealt with a 13-year-old boy for going armed with a gel blaster to cause fear and attended court with his mother – His Honour said he expected “more from” him.

Steven Mosch. Photograph: Fiona Harding

“He’s stayed out of trouble for a long time, I don’t know whether this is true or not but it’s said there might have been a group that was trawling around in the early hours of the morning and that’s bad news for a young man whose 13 that’s when drama goes down,” he said.

The boy’s charges were adjourned.

Magistrate says community service order too light on repeat car thief

One of the three magistrates in Townsville who deal with kids matters told a defence lawyer he didn’t agree with her light submission of sentencing a girl to community service after her spree of car theft.

In February this year the 15-year-old girl stole a man’s car who left the vehicle running at Subway in Thuringowa, and separately broke into someone’s home, stole the keys to their car before dumping it with forensic examination presenting her fingerprints, the court was told.

Additionally, she stole two bum bags from City Beach and tagged the walls of businesses with graffiti.

That community service order submission was rejected by magistrate Richard Lehmann who said he had to consider the new laws and penalties, which do not offer detention as a last resort for serious offenders.

The girl had already spent 116 days at Cleveland Detention Centre and the magistrate acknowledged that while there she attended classes and received Student of the Week nominations which demonstrated she did well in a structured environment.

“What you need is a sentence where Youth Justice can work with you, particularly with drug use and dealing with other factors associated with anti-social peer groups, perhaps referrals to deal with psychological harm and hopefully programs that deal with this idea of risk-taking behaviour,” His Honour said.

TSV Generic Townsville Courthouse Court

“I think it’s important you’re subject to probation so Youth Justice can work with you to ensure you don’t come back before the court.”

The girl had no finalised criminal history on the date of her sentence and His Honour noted that while she was on bail and living in Cairns away from the peer group she had offended with in Townsville, she did not commit any further offences.

It was said that the girl had “shared experienced” with the anti-social group she committed crimes with.

Police prosecutor Jodie Nellis said the girl was “actively looking for opportunities” to break into vehicles.

“There’s outrage in the community, it’s unacceptable.”

It was proposed for the girl to live away from the region with her grandma upon her release.

“There’s no doubt she’s in with a negative peer group,” her lawyer said.

Ultimately, the girl pleaded guilty to attempting to enter premises to commit an indictable offence and stealing.

She was sentenced to eight months’ probation, ordered to report to the probation officer in Moranbah with her grandmother.

His Honour made a graffiti removal order of two hours for 12 months.

Girl says she vandalised business for “fun”

Magistrate Keegan on a separate occasion, echoed the sentiment of magistrate Lehmann when she asked 14-year-old girl if she had heard about the ‘adult crime, adult time’ laws.

The girl who appeared by video link after pleading guilty to 23 charges which ranged from breaches of bail, unlawful use of motor vehicle, wilful damage, receiving tainted property and public nuisance shook her head in response to the question.

The court was told the girl previously avoided detention when she was sentenced to community service for the unlawful use of a motor vehicle in April 2024.

For her most recent offence, she had told police officers she vandalised a business because “it was fun”.

During that run of offences and four days after the law changes, she was boxed in by police inside a stolen Toyota.

Her defence lawyer said that she realised she was running with the wrong crowd and that her friends had abandoned her.

Cleveland Youth Detention Centre. PICTURE: MATT TAYLOR.

“She said to me, she had been running around with her friends and now she says her friends are nowhere to be found,” the lawyer said.

“She wants to listen to her mum because she realises that her friends haven’t stuck by her.”

Magistrate Keegan took that into consideration when sentencing her and despite the stern question at the beginning, granted her immediate release.

“But you’ve got a mum that loves you. You’ve got a home, and I know from speaking to mum over many months, over years now, that you just don’t follow her rules. You take off at night, and the second that you take off at night, that’s when trouble happens,” Her Honour said.

The girl was sentenced to nine months of probation, with an immediate parole release date and ordered to complete five hours of graffiti removal as part of the order.

No convictions were recorded.

Originally published as Behind the closed doors of Townsville Children’s Magistrates Court