The furious parents of a five-year-old boy who was allegedly attacked with a golf club by a boy twice his age have again called for the age of criminal responsibility to be lowered.
William Brooks-Chiplin was playing in the front yard of a friend’s house in Tamworth, in the northern tablelands of New South Wales, last Thursday when a ten-year-old boy allegedly hit him on the head with the club repeatedly.
The young man was left dizzy and unable to move his swollen jaw.
William also suffered a black eye and a nasty cut next to his right eye that extends from his temple to his jaw.
‘The people who came out and saw him thought he was gone. He didn’t make a sound and he wasn’t moving,” said his father Kayleb Brooks. Seven news.
Her partner Marrissa Tisdell added: ‘I thought I was going to die. No child should ever experience that.’
They added that their son has had nightmares every night since then, constantly waking up and screaming.
William will have to return to hospital for further scans to determine if he has any hairline fractures or vision problems.
The family of the boy allegedly beaten by a ten-year-old boy demands a judicial change
William Brooks-Chiplin suffered a massive injury after he was allegedly hit repeatedly with a golf club.
NSW Police have since identified William’s alleged attacker and issued him a warning under the Young Offenders Act.
The law aims to provide alternative processes for young offenders and address their crimes outside of the adult court procedure.
Lindsay Stankovic, of Hugo Law Group, told Seven News the law exists because of the perception that children have a limited ability to process morality.
“For children between 10 and 14 years old, there is a rebuttable presumption called doli incapax, which basically says or assumes that the child cannot be held criminally responsible for his or her conduct because he or she does not understand the difference between right and wrong,” he said. . .
The presumption can be rebutted by the prosecution in a juvenile case if it can show that the child knew he or she had done something serious and criminally wrong.
William’s parents have called on the New South Wales government to strengthen the laws.
William also suffered a black eye in the alleged incident and has had nightmares since.
“The boy practically got a warning,” Ms. Tisdell said.
‘Something needs to change. Something has to be done.’
His partner added: “It’s unfair, because meanwhile (William) is suffering and nothing is being done about it.”
Online, the couple said their son remains “traumatized” by the alleged incident as they shared images of their son’s horrific injuries.
In all Australian jurisdictions, the age of criminal responsibility is 10 years.
NSW Premier Chris Minns earlier this year ruled out raising the minimum age to 14.
The Young Offenders Act means that young people do not have to go to court for some offences.
However, the state’s 1997 Young Offenders Act does not cover a number of offences, including traffic offences, sexual offences, stalking and intimidation offenses or breaches of an apprehended violence order.
Similarly, it does not cover crimes that result in the death of a person or most drug-related crimes.
All of these offenses are dealt with through regular legal processes, according to Youth Law Australia.