In R v SEG [2024] QCA 95, the applicant, a seventeen-year-old, sought leave to appeal against his sentence handed down by the District Court at Townsville. He was sentenced to eighteen months of detention after pleading guilty to multiple offenses, including unlawful use of a motor vehicle and attempted burglary. The sentencing judge, Coker DCJ, declared the applicant as a Serious Repeat Offender under s 150A of the Youth Justice Act 1992 (Qld), mainly due to his extensive criminal history and high probability of reoffending.
SEG's appeal raised three main issues. Firstly, he contended that the Serious Repeat Offender declaration was improperly made. However, after detailed examination, the Court of Appeal found that the sentencing judge had correctly applied the statutory criteria, and the declaration was justified given SEG's repeated offending. Secondly, SEG argued that the judge failed to explain the implications of the Serious Repeat Offender declaration adequately. The Court determined that the overall explanation given was sufficient and fulfilled the requirements under s 158 of the Youth Justice Act.
Finally, SEG claimed that the sentence was manifestly excessive, particularly considering his early plea, conditions of pre-sentence custody, and deprived background. Ultimately, the Court upheld the sentence. The judges noted the serious nature of the offenses, SEG's extensive criminal history, and the insufficiency of previous rehabilitation efforts. The application for leave to appeal was refused.