Violent Offences By a Child

This is a case study on violent offences by a child resulting in a diversion.

What is alleged to have occured?
Our client was a 16-year old child who had committed a number of violent offences. He had been involved in at least six separate incidents of violent offending where he had punched people unprovoked. These incidents were spread over a number of months.

The client was charged with Recklessly Causing Injury and Assault. This was serious given the amount of charges, the gravity of the charges, and the fact that some of the offending breached the client’s youth supervision order.

What happened at court?
We provided legal representation for the client at the Melbourne Children’s Court on the charge of Assault.

The matter proceeded to a case conference involving six separate briefs. We successfully got some of the charges withdrawn and the client entered a plea of guilty to some of the injury and assault charges. The matters were then booked off for a consolidated plea at the Melbourne Children’s Court.

Submissions were made on the client’s behalf. It was highlighted that in this case of violent offences by a child, the child had a difficult upbringing and experienced anger management issues, but that he had attended an adolescent violence intervention program and had learned important lessons about managing his anger. We also explained that the client had a job lined up and was looking forward to entering the workforce. Further, the assaults had occurred a while ago and there had been no further offending in the past 12 months.

The magistrate deferred the client’s sentence to allow him the opportunity to participate in a group conference. This is a program available in the children’s court which allows child offenders to connect with the victims of their offending, and to apologise and explain their actions. We attended the group conference with the client.

At the next court appearance, we made further submissions on the client’s behalf and, in particular, highlighted the positive aspects of his group conference report.

What was the result?
In light of the client’s positive progress, her Honour imposed 2 youth supervision orders. This means that the client did not have to serve time in custody for his offending. This was a fantastic result for a case that involves violent offences by a child given the seriousness of the circumstances surrounding the offending.

Elements of Assault:
  • The accused applied force to the complainant’s body
  • The application of force was intentional or reckless
  • The application of force was without lawful justification or excuse
Related case studies
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 30/01/2019