A 17-year-old boy’s promising parole period abruptly ended after he was involved in an affray outside Dandenong library.
The male victim, who was known to the accused, was attacked about 4.30pm on Wednesday 19 June, a children’s court heard.
Six weeks beforehand, the teen had been released on parole as part of a 12-month custodial sentence for “violent offending”.
A defence lawyer argued that the youth had been provoked by the victim’s racial taunting – though that was no excuse for the violence.
Born in a Kenyan refugee camp, he’d experienced a great deal of racism since arriving in Australia at a young age. At one stage he’d moved schools due to the abuse.
The lawyer said the teen had been doing “incredibly well” on parole, keenly engaging with support agencies such as employment, and drug and alcohol counselling.
“He wants to make this change and he is working towards it.
“He’s still very young and still influenced by people.”
His lawyer sought a deferred sentence on strict bail, including a curfew and a ban on meeting with certain peers.
His downfall was anger control and being swayed by “peer group” pressure, the lawyer argued.
“These situations have often occurred when influenced by peers of similar background to him.”
A youth mentoring agency gave a glowing report about the teen’s excellent attendance and attitude.
“(He) hasn’t presented any behavioural difficulties,” the agency’s manager told the court.
“It would not be unreasonable to describe him as the best performing pupil in the class.”
The teen had shown potential leadership during employment skills training, he said.
He was on track for being recommended to employers in the construction industry.
The magistrate noted the boy’s contradictions, not least his “serious prior matters”.
He’d been reportedly polite and considerate in custody, yet had also been charged with assaulting a youth custodial worker.
“The difficulty we have is he was not involved in a minor incident or a minor slip-up.
“What you could say is that despite all of the resources put into him, we’re still seeing him commit these violent acts.
“Six weeks after he’s released on parole for violent offending, he’s back before the court for violent offending.”
The magistrate said despite the boy’s young age, the community needed to be protected from random violence.
“It can’t be mitigated. It’s a serious assault on a gentleman who walked out of the library in the main area of Dandenong.
“Whatever his reason might be for having an issue with this victim, it doesn’t justify this behaviour.”
The boy was sentenced to six months’ in detention for affray.
He will serve three months concurrently with his original 12-month custodial sentence in February.
