R v Scu

[2017] QCA 198

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Youth justice
4. › Detention as last resort
5. › Whether sentencing judge gave adequate weight to statutory requirements under Youth Justice Act
6. › Whether comparable cases established sentencing range
7. › Youth Justice Act 1992 (Qld), ss 150, 176, 208, 219, 220, 221, 227
1. Criminal Law
2. › Sentencing
3. › Youth justice
4. › Recording of conviction against child
5. › Whether sentencing judge considered mandatory factors
6. › Impact on rehabilitation and employment
7. › Youth Justice Act 1992 (Qld), ss 183, 184
1. Criminal Law
2. › Sentencing
3. › Youth justice
4. › Aboriginal and Torres Strait Islander offenders
5. › Weight to be given to Community Justice Group submissions
6. › Youth Justice Act 1992 (Qld), s 150(1)(g)
7. › Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 (Qld), ss 18, 19
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Sentence manifestly excessive
5. › Whether sentencing discretion miscarried
6. › Errors of principle in sentencing

Quick Take

Practitioners appearing in youth justice matters must ensure sentencing judges engage with all statutory factors under ss 150, 184 and 208 of the Youth Justice Act 1992 (Qld), particularly Community Justice Group submissions and pre-sentence reports recommending non-custodial options, and must demonstrate by exhaustive reasoning why detention is the only option before it can be imposed.