Toowoomba teenager pleads guilty to assault, robbery, break and enter and violent carjacking

A Queensland judge has labelled the state’s new youth crime laws as a “game changer” in the sentencing of a teen offender who robbed a 91-year-old in broad daylight.

18-year-old Toowoomba boy pleaded guilty before the Childrens Court of Queensland to a string of charges including robbery, unlawful use of a motor vehicle, assault occasioning bodily harm and enter dwelling to commit an indictable offence. Picture: File

A Toowoomba judge has labelled the state’s new youth crime laws as a “game changer” in the sentencing of a teen offender who robbed a 91-year-old in broad daylight.

The 18-year-old boy, who cannot be named as he was a child at the time of the offence, pleaded guilty before the Children’s Court of Queensland to a string of charges including robbery, unlawful use of a motor vehicle, assault occasioning bodily harm and enter dwelling to commit an indictable offence.

Crown prosecutor Perian Cardiff detailed several offences, including the cruel robbery of an 91-year-old man and his 83-year-old wife in broad daylight.

“(The elderly woman) saw the defendant and another person using their hoodies to obscure parts of their face, peering into the windows of the house,” she said.

“She went to the front door to ask what they were doing and she realised at that point that one of the offenders had a knife.”

The offender with the knife forcibly pushed the 83-year-old woman and the two intruders entered the home while the 91-year-old screamed to neighbours for help.

The court heard among the items stolen were the couple’s car, house keys, jewellery and a cheque for hospice treatment needed for their own medical care.

“These are elderly people who are vulnerable … they were in their own home, it was broad daylight” Ms Cardiff said.

The stolen items were recovered the next day.

Months following the robbery, Ms Cardiff said the boy asked a friend’s mum for a lift from the shops to which she obliged.

Once they arrived at his destination, the boy pulled a knife from his pants and told the woman and her two children to “get out of the car or I’ll stab youse (sic)”.

He then drove away, leaving the mother and her family behind.

The court also heard the boy had threatened other children at the shopping centre and stole their property only hours before the carjacking.

Ms Cardiff advised the boy had previously been before the court for robbery on two occasions and this sentence would see him convicted of his sixth robbery charge.

Defence barrister John Davis instructed by Bouchier Khan Lawyers said the boy had lived a turbulent home life from an early age.

“His childhood was such that, even before turning 18 he was diagnosed with post-traumatic stress disorder,” Mr Davies said.

He added the boy’s recent time in adult custody had served as a wake-up call.

“He served 122 days in an adult prison which has been very difficult for him,” Mr Davis said.

“(Youth) detention was not a deterrent for him and he was very comfortable in a detention centre; the time in adult prison has not been the same.

“He has been very intent on getting out and getting home.”

Mr Davis implored the court to forgo a recorded conviction, in the hopes the young offender would be able to build a productive life, with the support of family.

“If your honour doesn’t record a conviction and he does change his ways and he does adopt the support his mum is offering him, you do send him forward with a chance,” he said.

Judge Benedict Powers grappled with his decision, citing a lack of insight voiced by the offender.

“It’s really, really difficult,” he said.

“(His presentence report claims) he has apathy whether he is in the community or detention setting and, given time, it’s his belief that he will ultimately always end up back in a cell … it’s grim.

“In terms of the seeds of hope, it’s that he still has his mum … sadly sometimes there are cases where there is no one in the back of the court (supporting their child).”

Judge Powers sentenced the boy to two years detention, to serve 50 per cent, with 382 days of presentence custody declared as time already served.

“You’ve had a tough life, I accept that but it just seems to me you are wanting to be tough and saying not interested in employment, not interested in taking medication … and I really hope that deep down that’s not the case,” Judge Powers told the boy.

He further ruled the boy be released on an 11 month supervised order to monitor the boy’s commitment to change and to protect the community.

The judge determined a conviction would not be recorded but warned the young offender his history would follow him if he were to face court again.

“(The Making Queensland Safer Laws) have really been a game changer because his criminal history, with regard to the court, will follow him,” Judge Powers said.

“They won’t be blind to your past, which happened previously.

“The punishment and the protection of the community lies in the 11 months of supervised release, if he fails that he will be back and will serve that time.

“This is obviously the last chance that could ever possibly exist – I hope you take this chance.”