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Teens who attacked rugby great during home invasion have sentences upheld
@Source: abc.net.au
Queensland's attorney-general has failed to appeal the sentences handed to two teenagers who attacked former rugby great Toutai Kefu and his family during a home invasion.
Last year the two boys, who were aged 15 at the time of the incident, were sentenced over the 2021 break-in at Coorparoo, after pleading guilty to several offences including multiple counts of malicious acts with intent.
They were both given less than 10 years in detention, and had no convictions recorded.
The then attorney-general Yvette D'Ath launched an appeal on the grounds the sentences were manifestly inadequate.
During a hearing held in the Court of Appeal earlier this year, prosecutors argued the sentencing judge did not have regard to the maximum penalty for some of the offences, which were deemed "particularly heinous".
Under Queensland youth justice laws at the time, it meant the teenagers could face a punishment of up to and including life in prison.
Judges cite rehabilitation effort
In a published judgement, three Court of Appeal judges found "no error had been established" by the attorney-general in relation to the sentencing judge's consideration of an appropriate term of detention.
It was also argued the teenagers should not have received a reduction in the actual time they will have to spend in custody.
"The sentencing judge, in considering the respondents' lack of criminal history, rehabilitative efforts and personal circumstances, made an order … reducing the period of detention from 70 per cent to 50 per cent," the judgement said.
The Court of Appeal judges found the special circumstances identified by the sentencing judge to allow for this discount were "not dissimilar" to those in other cases, and therefore determined "no error has been demonstrated".
They also rejected the attorney-general's argument the teenagers should have convictions recorded, pointing to the legislation.
"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 judgement said.
"Quite apart from the pleas of guilty and the respondents not having any criminal convictions, they had been held in detention for approximately three years.
"This gave His Honour considerable visibility into their prospects of rehabilitation and the steps which each respondent had already taken in that regard."
One of the teenagers has been released from custody and the second will be released in August.
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