R v PBD

[2019] QCA 59

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Sentencing of juveniles
4. › Restorative justice
5. › Mandatory consideration of referral for restorative justice process
6. › Whether sentencing judge considered referral under s 162(2)
7. › Youth Justice Act 1992 (Qld), s 162(2)
1. Criminal Law
2. › Sentence
3. › Appeal against sentence
4. › Resentencing on appeal
5. › Whether different sentence warranted in law
6. › Exercise of sentencing discretion afresh where error identified
7. › Criminal Code (Qld), s 668E(3)

Quick Take

The requirement in s 162(2) of the Youth Justice Act 1992 (Qld) to consider referring an offence for a restorative justice process is mandatory, and failure to consider it constitutes an error of law. However, the mandatory consideration need only be brief where there is nothing in the material that could justify a referral — a mere theoretical possibility that a conference might bear fruit is insufficient. Where the sentencing judge already had comprehensive presentence material, the offender showed no remorse, and there was no indication the victim would participate, the error leads nowhere and the same sentence will be upheld on appeal.