When sentencing a juvenile offender under s 208 of the Youth Justice Act 1992 (Qld), the sentencing court must consider the suitability of all available combinations of orders across different counts — including a conditional release order on one count operating concurrently with a probation order with a Griffith condition on other counts — before concluding that no sentence other than detention is appropriate. A parent's refusal to consent to the release of information to Youth Justice cannot be treated as an aggravating factor against the child. A child with an intellectual disability under parental care should not be found to have failed to seek treatment while on bail absent evidence the child appreciated the availability of such treatment.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.