In W (a child) v Commissioner of Police [2024] QChC 4, the Childrens Court of Queensland considered an appeal against a sentence imposed by the Magistrates' Court on a 17-year-old, referred to as W. W had been charged with driving over the alcohol limit and obstructing police––offences arising during a period of psychological distress following his father's death. Initially, the Magistrate declined to dismiss the charges in favour of a restorative justice process as outlined under section 24A of the Youth Justice Act 1992 (Qld), which would allow charges to be dismissed if they should have been referred for such a process. On appeal, Cash DCJ found errors in the Magistrate's decision, specifically that the Magistrate failed to consider all relevant circumstances and misunderstood the application of the law regarding mandatory license disqualifications. Consequently, the appeal was allowed, with the appellate decision dismissing the original charges and referring the case to a restorative justice process, avoiding the automatic disqualification of W's driving license that would have applied with a guilty plea or conviction.
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