In R v TBB [2024] QCA 81, the applicant, referred to as TBB, sought leave to appeal against a sentence imposed by the Childrens Court at Brisbane. TBB, a juvenile, had pleaded guilty to multiple offences, including various counts of unlawful use of a motor vehicle, robbery in company, and armed robbery in company. After committing these crimes and spending 295 days in pre-sentence detention, TBB was sentenced to 18 months of probation, with no convictions recorded.
The Court of Appeal, consisting of Mullins P, Dalton JA, and Boddice JA, considered whether the sentence was manifestly excessive given the time already served in detention. The Court noted the seriousness of the offences, particularly the armed robbery, but also took into account TBB's youth and lack of prior criminal history. It was further acknowledged that the period of detention had a significant positive impact on TBB's behaviour and outlook.
In delivering their judgement, the Court dismissed the application for leave to appeal. They found that the sentencing judge had appropriately balanced the gravity of the offences with the mitigating factors, including the substantial time TBB had already spent in detention and his demonstrated potential for rehabilitation. The sentence of probation was deemed suitable and not manifestly excessive.