A teen offender has appealed after convictions were recorded on three charges.
A teen offender has appealed after convictions were recorded on three charges.

Repeat teen offender argues to have convictions quashed

A REPEAT teen offender who pleaded guilty to a litany of offences committed over 12 months has fought to quash convictions recorded against some of the charges.

The Mackay boy was aged 15 and 16 and used ice during his crime spree that totalled 48 charges and included petty theft, break and enter, burglary and theft, stealing cars, failing to appear and minor drug-related offending.

After showing little remorse or understanding into the impact of his offending, he was sentenced in Mackay Childrens Court to six months detention with conditional release and convictions were recorded against the final three charges.

Between February 19 and 22 this year he broke into a home and stole a handbag containing a chef's knife, wallet, driver's licence, cards and house keys.

A teen criminal pleaded guilty to 48 charges including car theft.
A teen criminal pleaded guilty to 48 charges including car theft.

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Then on February 24 he stole a mobile phone, wallet, car keys and a Honda Jazz before going to a mini mart where he stole 40 packets of cigarettes.

Convictions were recorded for burglary and commit indictable offences, unlawful use of a motor vehicle and stealing.

Lawyers for the teen have appealed to the Childrens Court of Queensland arguing convictions should not have been recorded.

Judge Deborah Richards, in a recent judgment, said the sentencing magistrate had reasoned the teen was one month away from his 17th birthday when the offences were committed, "had a history of serious offending" and had "a bad attitude toward the offences".

He also offended within five weeks of successfully participating in a restorative justice process.

Judge Richards also noted that convictions had previously been recorded in 2017.

A presentence report detailed an "unfortunate" background and at the time the case was dealt with on April 3 this year he had spent 115 days on remand.

He was also on probation at the time.

Teen spent 115 days in custody on remand awaiting sentence.
Teen spent 115 days in custody on remand awaiting sentence.

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Judge Richards noted the report "details that his offending stems from his traumatic childhood, lack of family support and distrust in the judicial system".

"He lacks the ability to problem solve and think consequentially," Judge Richards said.

"When placed in difficult situations he has limited skills to appropriately self-regulate his emotions.

"His behaviour began to escalate when his mother was sentenced to a lengthy period of time in custody in February of 2019."

The judgment revealed he had no support in Mackay and would spend more time with his peers.

His drug taking and methylamphetamine use increased as a self-coping mechanism.

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"It was assessed that he had shown little remorse for his offending. He doesn't fully understand the impacts of his actions on his victims and himself," Judge Richards said, adding the actual offending were not "of such seriousness they would by themselves require the recording of conviction".

Judge Richards granted the appeal and the convictions were set aside.


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