6 days ago
'It's disgusting': Queensland youth justice system under fire after court rules against recording convictions for violent teens
A crime victim advocate has urged the Queensland government to reform its youth justice system after a court decided two violent Queensland teenagers would not have their convictions recorded.
On Tuesday, Queensland's Court of Appeal determined that the two teenagers who, armed with knives, broke into the home of Wallabies rugby legend Toutai Kefu in 2021, injuring Kefu and three of his family members, should not have a conviction recorded against them.
The two teenagers, who were 15 years old at the time, slashed and stabbed Kefu and his wife, and injured their two adult children who came to their parents' aid.
The Attorney-General appealed the case after Justice Peter Davis sentenced the two teens to less than 10 years in June last year.
The appeal was dismissed on Tuesday by three Court of Appeal judges on the basis the Attorney-General had not established the sentences were 'manifestly inadequate' or, justified why convictions should be recorded against children.
The court reaffirmed that not recording convictions aids children in their rehabilitation.
"The proposition that a child is entitled to the benefit of not having a conviction recorded to assist with their rehabilitation … is supported by an established line of authority of this court which has not been overruled," the judgment read.
It is well established in Australia that convictions are often not recorded against a child; if they are, they are often wiped after a crime-free period to give them the best possible chance at a clean slate and a crime-free life.
Voice for Victims advocacy group founder Ben Cannon, who was also Kefu's neighbour at the time, said legislation around child convictions needs to be tightened.
'It's disgusting, the fact that these individuals, criminals, that cause such mayhem… these judges have got to start to set a precedent," he told Sky News.
'That they can just skip through life with no burden on their name and no questions being asked of their family as to why this happened is absolutely abhorrent.
'This has gone on for too long, too many victims (because) judges are making poor decisions that don't fall in line with what we expect."
Mr Cannon, who was also injured in the attack, called on Queensland Premier David Crisafulli's government to make major changes to the state's criminal justice system.
'They can start listening to victims - when you go through the legislation, the laws are all so heavily weighted towards benefiting the criminal.
'The framework of the justice system is created out of how they can best manage a criminal. Well, what we need to start doing is, how do we see better outcomes for victims?'
Section 183 and 184 of the Queensland Youth Justice Act dictate a conviction is not to be recorded against a child who is found guilty of an offence unless it is an offence that warrants life in prison.
The act also dictates a judge should consider how recording a conviction may affect the chances of finding employment when making their decision.
