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A teenager who was punched by a group of young thugs who stomped on his head is lashing out at youth crime laws, saying he is a prisoner in his own home because of their persistent threats.

By Lisa Edser for Daily Mail Australia

11:09 June 9, 2024, updated 11:12 June 9, 2024



A teenage victim of sexual assault was almost killed after being repeatedly stomped on by a gang of youths. He lashed out at the justice system, saying his attackers were too young to know right from wrong.

The victim, a 15-year-old man, who cannot be named for legal reasons, was allegedly attacked in the car park of a shopping center on Sydney's northern beaches by the group as he walked home from school on March 18, 2024.

During the allegedly racially motivated attack, the teenager received up to 60 blows to the head while being “stomped on repeatedly”. The scene was reportedly filmed and shared on social media.

Police say the gang then returned with Tasers and knives, and used the Tasers to shock the 15-year-old girl in the back and leg, before an unknown person “stopped his car to save her.” the life “.

Although clinicians said the teen would have died if he wasn't wearing a bike helmet, the gang's 13-year-old alleged leader had several serious charges against him dropped.

The 15-year-old was allegedly the victim of a racially motivated attack on Sydney's northern beaches (pictured). The 13-year-old leader of the gang had his charges dropped due to his age and his inability to differentiate between right and wrong in the eyes of the law.
The victim's parents have pleaded with NSW Premier Chris Minns (pictured) to change the law.

The victim and his family were informed that due to the offender's young age, he “does not have the capacity to form criminal intent” and cannot understand right from wrong under common “doli incapax” laws. of New South Wales.

Doli incapax 'presumes that a child aged 10 to 14 lacks the knowledge necessary to have criminal intent, that is, is incapable of committing a crime due to a lack of understanding of the difference between good and evil. '.

But the victim said she wanted NSW Premier Chris Minns to change the law “so other victims are not let down by the system”, the Daily Telegraph reported.

“At 13, a teenager should know right from wrong,” the victim said.

“Especially when they have been charged and questioned by the police multiple times. All teenagers know that it is criminal to violently attack another person.

“I hope this leads to a change in the law.”

The teenager now says he is a prisoner in his own home and receiving death threats from the gang.

The victim also said he knew the difference between right and wrong “at the age of eight.”

The teenager's mother wrote to the Prime Minister begging him to change the law.

“Although he was released on bail for the attack on our son, he continued to commit other serious offenses including another serious assault on a child,” she wrote.

“These additional charges have not yet been heard. In comparison, a 16-year-old attacker was immediately jailed for 5 months.

“We want to bring this to your attention as an example of our broken justice system,” she wrote.

NSW Attorney-General Michael Daley (pictured) said the NSW Government took youth crime “seriously” and had recently “strengthened the laws”.

“Our son has received repeated death threats since the attack and must be escorted to and from school for his safety.

“Victims and police are fed up with these young offenders knowing they are untouchable and literally capable of committing murder with impunity.”

The mother said her son's attack could be “a catalyst for change”.

NSW Attorney-General Michael Daley described details of the attack as “disturbing” to the Daily Telegraph.

Mr Daley said the Government had “strengthened” laws this year and was taking “youth crime seriously”.

The NSW Attorney-General has said the minimum age of criminal responsibility is ten years, but that does not give children a “free pass” as it is a measure which can be refuted if it is proven that a child understood the seriousness of his crime. .

In the past, the High Court of Australia has recognized that children as young as 10 years old have the capacity to understand the seriousness of their actions.

OPEN LETTER TO NSW PREMIER CHRIS MINNS:

On March 18, 2024, our son almost died during a serious assault perpetrated by a gang of young people in an unprovoked attack. The gang repeatedly stomped on his head and chest and shocked him with tasers.

His life was saved by the bicycle helmet he was wearing and a complete stranger who stopped her car to save him. The attack was filmed and broadcast on social networks. The three boys were quickly identified by police as repeat offenders and charged with assault causing GBH with the company.

Surry Hills Children's Court last Thursday found the 13-year-old ringleader of the attack “not guilty” of a total of 11 charges. Only one charge related to the attack on our son.

The “not guilty” verdict was based on the common law hypothesis of “Doli Incapax”, namely that any person under the age of 14 cannot have criminal intent. While he was on bail for the attack on our son, he continued to commit other serious offenses including another serious assault on a child.

These additional charges have not yet been heard. In comparison, a 16-year-old attacker was immediately jailed for 5 months. Since last week's verdict, the assault and resulting verdict have received media attention, both in New South Wales and nationally.

We would like to draw your attention to this fact as an example of our failing justice system. We do not live in a third world country. Our son has received repeated death threats since the attack and must be escorted to and from school for his safety.

Victims and police are fed up with these young offenders knowing that they are untouchable and literally capable of committing murder with impunity.

We really hope that our son's attack can be a catalyst for change. We are very happy to discuss this issue with the Prime Minister before anyone is murdered.

The victim's parents

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