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The furious parents of a five-year-old who was allegedly set upon by a boy twice his age with a golf club have renewed calls 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 NSW northern tablelands last Thursday when a ten-year-old boy allegedly bashed him over the head with the club repeatedly.
The young boy was left dizzy and unable to move his swollen jaw.
William also suffered a black eye and a nasty gash beside his right eye which stretches from his temple to his jaw.
‘The people who came out and saw it thought he was gone. He didn’t make a sound, and he wasn’t moving,’ his father Kayleb Brooks told Seven News.
His partner Marrissa Tisdell added: ‘My thought was he was going to die. No kid should ever experience that.’
They added their son has had nightmares every night since, waking constantly and screaming.
William will have to return to hospital for more scans to determine if he has any hairline fractures or vision issues.
The family of a boy allegedly beaten by a ten-year-old boy have demanded judicial change
William Brooks-Chiplin suffered a large gash after he was allegedly bashed repeatedly with a golf club
NSW Police have since identified William’s alleged attacker and issued him with a warning in line with the Young Offenders Act.
The act aims to provide alternative processes for young offenders and deal with their crimes outside of adult court procedure.
Lindsay Stankovic, of Hugo Law Group, told Seven News that the act exists due to children’s perceived limited capacity to process morality.
‘For children who are aged 10-14, there’s a rebuttable presumption called doli incapax, which basically says or presumes that the child cannot be held criminally responsible for their conduct because they don’t understand the difference between right and wrong,’ she said.
The presumption can be rebutted by the prosecution in a youth case if they can prove the child knew they did something seriously and criminally wrong.
William’s parents have called on the NSW government to strengthens the laws.
William also suffered a black eye in the alleged incident and has had nightmare ever since
‘The kid pretty much just got a caution,’ Ms Tisdell said.
‘Something needs to change. Something need to be done.’
Her partner added: ‘It’s unfair, because in the meantime (William) is suffering and nothing is being done about it.’
Online, the couple said their boy remains ‘traumatised’ by the alleged incident as they shared images of their son’s horror injuries.
In all Australian jurisdictions, the age of criminal liability is 10.
NSW Premier Chris Minns earlier this year ruled out raising the minimum age to 14.
The Young Offenders Act means youth don’t have to go through court for some offences.
However, the state’s Young Offenders Act 1997 doesn’t cover a number of crimes including traffic offences, sexual offences, stalking and intimidation offences or breaches of an apprehended violence order.
Similarly, it does not cover crimes resulting in someone’s death nor most drug offences.
All such crimes are dealt with through regular legal processes, according to Youth Law Australia.
