Sentencing overturned in review of child offender’s case
A JUDGE has overturned the sentencing of a "troubled" Gladstone boy who threatened to shoot another person at a high school.
In Brisbane, Judge Ian Dearden granted a review of the sentencing of the Gladstone child, who pleaded guilty to threaten violence, public nuisance, driving without a licence and three counts of stealing.
Judge Dearden deemed the sentencing of three months detention with conditional release for the threaten violence offence was "not appropriate".
The conditions in the original sentencing, handed down in Gladstone, were that the mother and child maintain a logbook of his medication and that he attends Gladstone Children's Court each month for three months.
The court documents revealed details of his offending between December 23, 2018 and March 26, 2019.
It said between December 23-24, the child was a passenger in his sister's vehicle when they stole fuel from three petrol stations.
It said on December 10 he was found by police riding a motorbike unlicensed in Busteed St.
The public nuisance offence referred to an incident on March 3 when he told police he was "no snitch" and swore at them.
It said on March 26 he was at the grounds of a Gladstone high school when he was asked to identify himself by a groundskeeper.
The child refused and told the groundskeeper he had a gun and that he was there to shoot someone.
After a negotiation the groundskeeper took the child to the school office and a search of the bag revealed he did not have a gun. He was collected from the school by a Youth Justice worker.
Judge Dearden said the boy had an intellectual disability and an extremely low IQ.
"It is clear that the learned Children's Court magistrate was motivated to impose a sentence that, as best as possible, reduced the risk of the applicant reoffending, and noted the benefits that had flowed from some of the conditions of the bail program," he said.
Judge Dearden showed concern for the detention sentencing, despite it having a conditional release.
He said if breached, it could lead to the applicant serving a significant period of detention.
He said the magistrate was not assisted by the child's legal representatives, and described the submissions made by them as "at best, confusing, jumbled and poorly articulated".
The sentencing of three months conditional detention was overturned. Judge Dearden ordered the 12-month probation order to also include the threatening violence offence.