The furious parents of a five-year-old child who was allegedly attacked with a golf club by a boy twice his age have renewed calls for the age of criminal responsibility to be lowered.
William Brooks-Chiplin was playing in the front garden of a friend’s house in Tamworth, in the Northern Highlands of NSW, last Thursday when a ten-year-old boy allegedly hit him repeatedly in the head with the bat.
The young boy became dizzy and could not move his swollen jaw.
William also suffered a black eye and a nasty cut next to his right eye, stretching from his temple to his jaw.
“The people who came out and saw it thought he was gone. He didn’t make a sound or move,” his father Kayleb Brooks said Seven news.
His partner Marrissa Tisdell added: ‘My thought was that he was going to die. No child should ever have to experience that.”
They added that their son has had nightmares every night since, constantly waking up and screaming.
William will have to return to hospital for more scans to determine if he has hairline fractures or vision problems.
The family of a boy allegedly beaten by a 10-year-old boy has demanded judicial change
William Brooks-Chiplin suffered a large gash after allegedly being 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 deal with their crimes outside the adult court process.
Lindsay Stankovic, from Hugo Law Group, told Seven News that the law exists because of children’s limited ability to process morality.
‘For children between the ages of 10 and 14, there is a rebuttable presumption called doli incapax, which basically says or assumes that the child cannot be held criminally responsible for their behavior because they do not understand the difference between right and wrong she said. .
The presumption can be rebutted by the prosecutor in a juvenile case if he can prove that the child knew that he had done something serious and criminally wrong.
William’s parents have called on the NSW government to strengthen the laws.
William also suffered a black eye in the alleged incident and has been having nightmares ever since
“The boy pretty much just got a warning,” Ms Tisdell said.
‘Something has to change. Something has 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 son remains ‘traumatised’ 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 ruled out raising the minimum age to 14 earlier this year.
The Young Offenders Act ensures that young people do not have to go to court for some offenses.
However, the state’s Young Offenders Act 1997 does not cover a number of crimes, including driving offences, sexual offences, stalking and intimidation offenses or breaches of an apprehended violence order.
It also does not include crimes that lead to someone’s death and most drug crimes.
According to Youth Law Australia, all such crimes are dealt with through regular legal processes.