16-year-old sentenced in Childrens Court says ‘Cleveland safer than placement’

A teenager being sentenced for an assault on a prison officer among other charges said he felt safer in Cleveland than he did in a child safety placement, a court has heard.

A teenager being sentenced for an assault on a prison officer and property and unlawful use charges felt safer in Cleveland than he did in a child safety placement, a court has heard.

The 16-year-old pleaded guilty to six charges on Tuesday in Cairns Childrens Court including serious assault public officer, unlawful use of a motor vehicle and attempted burglary.

The court heard the boy deliberately ran at and knocked over a Cleveland Detention Centre officer in November last year but did not cause any lasting injury to the victim.

Police Prosecutor Rosalie Veltjens told the court the boy was allowed to return into the community under a supervised release order in December but committed the property and unlawful use offences just four days after his release.

Ms Veltjens said the boy’s history included recidivist property offending and numerous community and custodial sentences passed on him.

“There were just four days between his release from custody and committing further property offences,” she said.

Ms Veltjens acknowledged there were factors contributing to the boy’s offending including lack of accommodation, disengagement from education, association with anti-social peers, and substance misuse.

“The (pre-sentence) report writer does state the boy showed some insight into his behaviour making admissions to using methamphetamine and was unable to recall the offending.”

Ms Veltjens made an application for the boy to be declared a serious repeat offender.

Magistrate Sandra Pearson said a declaration would have a high impact on how the boy’s sentencing future might progress.

“I would have thought the insight he has shown to the report writer would factor in his favour,” she said.

“He seems to be showing some signs of empathy which is usually a big turning point for a child and may lead to a de-escalation of their offending.”

The boy’s defence counsel told the court the boy was under the care of child safety but wanted to return to live with his family.

“The report was sad to read, that he didn’t want to access the child safety placement and wanted to live with his family and he thought returning to Cleveland Detention Centre would be safer than being on placement,” Ms Pearson said.

“It’s a very sad state of affairs, it may not be true, but the fact is he thinks that.”

His defence lawyer told the court he had been offending since he was 14 and had a disrupted education.

Ms Pearson asked if any assessments had been made as to the boy’s cognitive abilities and whether his troubles with schooling could have had contributing factors, with a Department of Child Safety representative stating that no assessments had been made.

“It's a shame these things don’t get explored,” Ms Pearson said.

The defence lawyer said the boy would like help with his substance abuse and was ashamed of his offending.

Ms Pearson said it was a shame that even though he had been in detention for 45 days he had not been able to access drug and alcohol programs in detention.

“He has had no help while he has been in Cleveland apart from drying out,” she said.

“There is no in house rehab in Cairns, in fact in North Queensland, and there is a waitlist for those of course, so it is up to youth justice as to how quick he could get access.”

Ms Pearson said it was frightening that at 16 children have access to meth.

Ms Pearson was not satisfied the boy was a high risk of reoffending and did not grant the SRO application noting his offending began during a time of family upheaval and amid other circumstances that had now changed.

Ms Pearson sentenced the boy to 45 days detention with a release date under a supervised release order of February 4 with time served.

Originally published as 16-year-old sentenced in Childrens Court says ‘Cleveland safer than placement’