Detention 'last resort' for Bundy teen's jail time appeal
THE sentencing of a 16-year-old boy has been suspended by a Brisbane court after judges found the initial sentence too harsh.
The Court of Appeal heard the Bundaberg judge had considered irrelevant matters and awarded a sentence that was "manifestly excessive”.
Upon his conviction on his plea of guilty to one count of armed robbery with actual violence committed in company, the applicant challenged the sentence.
The court heard the applicant and two others had planned to steal from a backpacker with nunchaku but ran away after assaulting the man on a Bundaberg street on May 15.
The court heard the applicant's trouble with the law began when he was 11.
"The applicant was removed from his parents' care... in 2008 when he was six years of age,” Judge Davis said.
"He had been subjected to physical and sexual abuse and exposed to domestic violence, drug use and neglect.”
The boy had been diagnosed with intellectual impairment, Attention Deficit Hyperactivity Disorder and Conduct Disorder and had stopped taking prescribed medication at the time of the incident.
Judge Davis said the applicant had already served four-and-a-half months in detention which was imposed upon him in the Childrens Court sitting at Bundaberg on October 19.
"Here, there is clear evidence of the applicant demonstrating insight into his conduct and there is evidence of rehabilitation being underway,” Judge Davis said.
"Actual detention of a child is a last resort measure.”
Judge Davis said the applicant had not offended while on bail for the five months between the offence and sentence, finding him suitable for conditional release for a period of three months given his disadvantaged upbringing, intellectual disabilities, willingness to comply, recent insight and efforts at rehabilitation.
No conviction was recorded.