Alajeck Anai, 18, was ordered to spend six months at a youth justice centre after she was sentenced over the assault of a 14-year-old girl at Altona Pier in February last year.
But Anai’s lawyer claims she has grounds for appeal because her suitability for youth detention was never assessed.
Her legal team claims an assessment was never presented to the court when the magistrate sentenced Anai and the court shouldn’t have been able to impose the order without one.
The report should have given an insight into Anai’s state of mind and past traumas, as well as how she might cope at a youth justice centre.
The victim’s mother, Ann Axiak, cried and shook her head in court as footage was played of Anai dragging the teenager by her hair as she delivered 43 blows.
“I’m very worried, very worried, because my daughter is scared to do anything,” Axiak said.
“She’s still not in school … so it’s been 12 months no school.”
County Court Judge Pardeep Tiwana called the attack “truly gut-wrenching”.
“This was clearly a dreadful, unprovoked and sustained group attack on a very young, vulnerable victim,” Tiwana said.
The judge will hand down his decision in April, once a proper report has been finalised.