Judge says no resentence for girl’s nasty armed shop robbery
A TEENAGER sentenced to complete a supervised probation order for her nasty armed robbery of a corner store, went on to commit another 45 offences when still a child, and 36 as an adult.
The details were revealed in Ipswich Children's Court before Judge Dennis Lynch QC when the now 19-year-old female appeared to be resentenced.
Judge Lynch queried why the teen had never been breached by Youth Justice authorities for any of her subsequent offences when still subject to the three year order.
Seated in the dock of the court the now young woman pleaded guilty to breaching a three year probation order that was imposed in September 2016 by another Ipswich Judge for her armed robbery offence.
She was aged 15 at the time she committed the armed robbery in March 2016.
The breach relates only to her failure to notify a change in her residential address (not her reoffending) and the Crown legal officer sought to have her resentenced.
Judge Lynch said that given the circumstances that at this late stage he was not prepared to do that citing fairness.
The prosecutor told the court that since the teen's 2016 sentence date the she accumulated 45 more offences on her Children's Court history and 36 on her adult history.
Details of the robbery offence were recounted, the prosecutor saying it took place at a store in Raceview.
The girl wore a hoody, her face covered, and plastic gloves on her hands.
She approached 15-year-old child working at the counter with a small knife and demanded money and cigarettes, saying she also had a syringe.
She held a knife in one hand and a syringe in the other when the store manager intervened and threw a box at her, yelling for her to get out.
The girl grabbed $560 from the open till and fled the store but was chased and stopped by other people.
She had threatened the people and a witness used a lump of wood to knock the knife and syringe from her hands.
Although the probation order had since been finalised the prosecutor sought for the order to be revoked and for her to be re-sentenced for the armed robbery.
The Crown sought a six month jail term (as an adult) to be suspended or granted immediate parole.
It was conceded the girl had shown "substantial compliance" with the original order in that she reported 64 times, was excused 33 times, and failed to report 39 times.
Judge Lynch said he would have difficulties with resentencing as there had been any number of times for the department to have breached her for reoffending.
Instead, the department had apparently waited until the end of the order before breaching her.
He said the teen was now being supervised under an adult court probation order.
Defence barrister Scott Neaves sought that the breach be proven with no further penalty, - saying the woman wanted to get further assistance through the Ted Noffs Foundation.
The court heard she'd continued to offend at a time of personal difficulties and when homeless.
Judge Lynch said her compliance with the probation order was certainly not perfect or ideal, but there had been substantial compliance and she had done programs as required.
He found that in the circumstances it was not appropriate to re-sentence her. He found the breach proven but would take no action.
Judge Lynch warned her that as an adult it was in her best interests to comply with her ongoing court orders and put her best foot forward as she had run out of chances, saying - "sooner or later someone will lock you up".