The Victorian Labor government has announced plans to 'toughen consequences' for young offenders after police withdrew 109 charges against a 14-year-old girl, a case the opposition claims proves 'the justice system is broken'.
Details of the Case
The girl, who cannot be identified for legal reasons, faced charges including reckless conduct endangering serious injury, motor vehicle theft, and burglary, stemming from an alleged two-month crime spree earlier this year when she was 13. On Thursday, Victoria Police confirmed the charges were dropped in court on Wednesday due to concerns about the doli incapax rule, a legal presumption that a child under 14 can only be convicted if prosecutors prove they understood their actions were seriously wrong.
'The charges were withdrawn because the police prosecution was unable to rebut the legal presumption that a child aged 13 and under is incapable of committing a criminal offence,' a police spokesperson said. 'This is a high legal threshold that requires the prosecution to prove the child knew their conduct was seriously morally wrong.'
Alleged Offences
The children's court previously heard the girl allegedly offended an average of 1.45 times per day over 74 days. On 30 March, she was allegedly driving a stolen car that rammed a 45-year-old cyclist in Brighton, Melbourne, causing a brain bleed. Within three minutes, she Googled 'how long the sentence is for running someone over'.
She also allegedly shouted antisemitic remarks at pedestrians in Caulfield, Hampton, and Ripponlea, and swerved a car towards a Jewish family. Police said she searched 'where do Jews live' and targeted the community.
Political Reaction
Liberal MP David Southwick, representing Caulfield with the state's largest Jewish population, said the case showed 'no justice system in Victoria'. He called it 'completely ridiculous' that the girl could 'Google the punishment but be too young to fit the punishment'.
Premier Jacinta Allan declined to comment on specifics but called the behaviour 'unacceptable'. She noted the government had introduced tougher bail laws, 'adult time for violent crime' laws, and a violence reduction unit to address 'more brazen, more violent behaviour'. Attorney General Sonya Kilkenny said she would 'do everything to toughen consequences for young offenders' but would not comment on reforming the doli incapax threshold.
Reform Context
The NSW Labor government made major changes to doli incapax last year, and the Tasmanian Liberal government is considering similar reforms.
