Second teen sentenced over crime that shocked Queensland
SUBDUED and silent a teenage girl sat in the dock of an Ipswich court with no choice but to listen while a judge detailed the horrific injuries suffered by Goodna police officer Peter McAulay when he was run down by a stolen car.
Now nearly 17, the girl was aged 15 and 10 months when she was a passenger in the stolen Volvo. She had only met the driver a few hours before the crime, Ipswich Children's Court heard.
She was not blameless and found to have encouraged the driver's behaviour while the pair was fleeing police.
Constable McAulay suffered life-changing and almost fatal injuries, which were described as "catastrophic" by Judge Dennis Lynch QC, who last month sentenced the driver.
The girl pleaded guilty to the Crown charge of doing a malicious act with intent at Booval on September 27 last year; and unlawful use of a motor vehicle.
Crown Prosecutor Shontelle Petrie said the girl had a history of offending, making it plain in interviews that she felt acrimony toward police, saying when interviewed to "f--- off dog c---. I always steal stuff".
Ms Petrie said the driver, then aged 16, failed to stop for police and struck Const McAulay after driving over road spikes the officer had placed on Brisbane Rd.
Judge Lynch said it was obvious in Crown facts the driver was attempting to avoid the spikes when the car struck Const McAulay and the officer was "not deliberately run down".
Ms Petrie agreed.
Const McAulay chose not to attend the sentence but his victim impact statement was tendered.
Ms Petrie said it made plain the horrific injuries suffered when he was struck.
"He will be left with the legacy of what happened on September 27 for the rest of his life," Ms Petrie said.
Ms Petrie said a report before the court found the girl did not want to talk about Const McAulay's injuries and wanted to minimise her role, but because the officer's injuries were "so grave" her conduct was grave.
The Crown sought a two-year detention order with the girl to be released after she serves half the sentence. She had already been held in detention for 342 days.
"Because she is young there is always hope," Ms Petrie said.
Defence barrister Kym Bryson conceded two years detention was appropriate but sought her immediate release to parole.
"She is certainly remorseful for her actions and the catastrophic consequences to the officer," Ms Bryson said.
With regard to the display of acrimony toward police, Ms Bryson said the girl instructed these negative comments were made from the way she perceived she had been treated since her arrest, and not to be seen as negative overall.
Ms Bryson said the girl had first sought to minimise her behaviour but this should be seen in context in that she (and the co-offender) were first charged with attempted murder.
The charge later withdrawn and dismissed.
The girl left school early and been a user of methylamphetamine, cannabis, and chemical inhalants.
While in detention she had made some genuine gains and on release would move to live with family in Alice Springs.
Judge Lynch said the teen's liability was in her deliberate presence in a car, which she knew was stolen, and had aided, been an encourager, with the intention to prevent their lawful arrest.
The girl was sentenced to a two-year detention order, with Judge Lynch finding special circumstances did exist, allowing him to order her release after serving half the sentence.
This means she will be released from detention in a few weeks.
The conditions her release will involve ongoing supervision, even if she is living in the Northern Territory.
"I hope that you reflect on the impacts of your behaviour. That his survival is nothing short of miraculous," Judge Lynch said.
A conviction was recorded for the malicious act. She was sentenced to an 18-month probation order for the unlawful use charge.