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Sentencing of boy, 15 for manslaughter, leads to mayhem in Cairns Supreme Court

A fight has broken out in a Cairns court after graphic footage showed an Instagram livestream of a joyride in a stolen car that caused the death of Bradley Smith.

Faces of 2021 QLD road toll victims

A fight broke out in court after graphic footage showed a teenage boy with 144 prior criminal convictions livestreaming to his Instagram account the lead up to him allegedly crashing a stolen car and killing a 14-year-old Bradley Smith.

The affray blew up in Cairns Supreme Court on Wednesday between relatives of one of the victims and relatives of the defendant in a case where a 15-year-old boy was being sentenced for manslaughter.

Scene of the fatal traffic crash at Manoora in 2022 where an allegedly stolen Toyota Yaris left Pease Street near the Saltwater Creek bridge and crash into a tree. Picture: Brendan Radke
Scene of the fatal traffic crash at Manoora in 2022 where an allegedly stolen Toyota Yaris left Pease Street near the Saltwater Creek bridge and crash into a tree. Picture: Brendan Radke

The court was shown footage the boy had livestreamed to his Instagram account in the early hours of February 14, 2021, as he allegedly drove a stolen vehicle through Cairns at speeds at times exceeding the speed limit by 60kph.

Chief Justice Helen Bowskill had to shout above the uproar as police in the public gallery moved quickly to break it up and extra security was called in.

As police separated the women fighting Justice Bowskill called an adjournment, and when the court was reconvened she demanded decorum and warned everyone in court she “expects dignified behaviour from all, most of all for the young person being sentenced”.

Bradley Smith (far right) with his sisters Samantha Chapman (left) and Jessica Schirmer (centre.)
Bradley Smith (far right) with his sisters Samantha Chapman (left) and Jessica Schirmer (centre.)

The boy pleaded guilty on Decemeber 8 to using a vehicle while intoxicated, manslaughter, and a related summary offence.

The footage from the dash showed the car speeding from 0 to 82kph in eight seconds, and speeding through wet Cairns streets with the wipers running. Crown Prosecutor Christopher Cook told the court the defendant had described his driving as “foot to the floor”.

The court was shown footage of police watching the Instagram livestream, and they sent out a vehicle.

The court was shown police body cams of police in pursuit of the vehicle and laying stingers on the road. By the time the boy tried to overtake another vehicle he lost control and crashed, the court heard.

Bradley Smith., 14, was killed after a stolen car slammed into a tree on Pease St, Manoora on February 14, 2022. Picture: Facebook
Bradley Smith., 14, was killed after a stolen car slammed into a tree on Pease St, Manoora on February 14, 2022. Picture: Facebook

Police approached and their body cams showed victims, some trapped in the vehicle, another apparently thrown clear. Police called the boy by name, and as he regained consciousness he tried to restart the car. Police dragged him out; he swore at them and denied he had been driving.

As a result of the crash a 15-year-old girl became a partial tetraplegic – also known as quadriplegia – two other girls suffered significant injuries, and a 14-year-old boy, Bradley Smith, 14, was killed.

The court was told the defendant had developed severe Post Traumatic Stress Disorder since the crash and had not seen the footage. He was escorted from the courtroom after the fight for the duration of the video footage.

A man and a boy lay floral tributes at the scene of the crash. Picture: Brendan Radke
A man and a boy lay floral tributes at the scene of the crash. Picture: Brendan Radke

The court heard lengthy submissions from Crown prosecutor Christopher Cook, who outlined the boy’s 144 prior criminal convictions. They included assaults and serious assaults, robberies, burglaries, numerous convictions for entering premises and stealing, and unlawful use of motor vehicles.

Since February 14, 2021 when he was held in detention, he had been involved in 77 incidents, including physical altercations, security threats, possessing prohibited articles, disruptive behaviour, and damage.

“He has been offending in the face of court orders, a constant theme over the last three or so years,” Mr Cook told the court.

Scene of a fatal traffic crash at Manoora, where a stolen Toyota Yaris driven by the boy who was 14 at the time, left Pease Street near the Saltwater Creek bridge and crashed into a tree. Denise Weazael of Manoora lays some flowers at the scene of the crash. Picture: Brendan Radke
Scene of a fatal traffic crash at Manoora, where a stolen Toyota Yaris driven by the boy who was 14 at the time, left Pease Street near the Saltwater Creek bridge and crashed into a tree. Denise Weazael of Manoora lays some flowers at the scene of the crash. Picture: Brendan Radke

He told the court the boy had been in many periods of custody through 2020-2021, since September 2021 had only been out of custody for around 30 days.

“Every time he’s out of custody he is reoffending, the community is at risk every time he is out of custody.

“His criminal history is breathtaking and that’s no compliment. The Cairns community has been under siege. He is a recidivist high-risk offender. He has a traffic history.”

At the time the of crash the boy was exceeding the speed limit by at least 60kph, and the court was told police found methamphetamine and THC in his system. Mr Cook told the court that the boy had said ice was “an enjoyable rush” for committing offences.

Mr Cook told the court the Crown supported a position that the boy was not able to be rehabilitated and was a danger to the community.

Defence counsellor Josh Trevino told the court the boy’s grandfather’s death weighed deeply on him.

He said his mother had seven children at the time of the crash and admitted she had not spent much time with him.

He had consequently sought company of peers and engaged in criminal activities.

“He had no appropriate guidance and support in his life,” he told the court.

“I accept that protection of the community is important.”

Justice Bowskill has reserved her sentencing decision.

andrew.mckenna@news.com.au

Originally published as Sentencing of boy, 15 for manslaughter, leads to mayhem in Cairns Supreme Court

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Original URL: https://www.themercury.com.au/news/cairns/sentencing-of-boy-15-for-manslaughter-leads-to-mayhem-in-cairns-supreme-court/news-story/316cd697b3188e10029d3a81fac09b18