Police v Beth [2014] NSWChC 8

Children's Court New South Wales

Medium Neutral Citation: Police v Beth [2014] NSWChC 8 Hearing dates: 23 October 2014 Decision date: 18 December 2014 Jurisdiction: Criminal Before: Children's Magistrate Graham Blewitt AM at Nowra Decision: Application for permanent stay refused Catchwords: Criminal Law – Young Persons – Mental Health Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v Presser [1958] ARL 248; [1958] VR 45 Police v DK NSW ChCt, unreported 17 December 2010, Magistrate Mulroney Category: Procedural and other rulings Parties: Police Young Person Representation: Sgt Patterson for the Prosecution Mr A Robinson for the Young Person File Number(s): 2014/209366 Publication restriction: A pseudonym has been used to anonymise the young person

Judgment

Reasons for decision 1. The Young Person, Beth (not her real name), is currently before this Court having been charged with a total of thirteen offences committed during a four week period between 27 June and 26 July this year. There are five charges of common assault, one charge of assault police, one charge of causing intimidation, four of damaging property, one violation of an AVO and one larceny. The Young Person is 11 years of age. 2. It is not necessary to go into detail in relation to the facts giving rise to these charges. 3. The Court understands that the Young Person is under the parental responsibility of the Minister. The Young Person has suffered severe trauma in the care of her parents, being exposed to significant neglect, emotional and psychological abuse, exposure to domestic violence and possible sexual abuse. The result has been that the Young Person became engaged in extreme and uncontrolled behaviours, characterised by the use of violence and behaviour that placed her and others at significant risk. She has been described as being uncontrollable, and she is currently placed in secure residential accommodation under the care of the Department of Family and Community Services for her own safety, and the safety of others. 4. The Supreme Court, exercising its parens patriae jurisdiction, has made a secure accommodation order. The Court understands that the Young Person is currently placed in suitable accommodation, and is responding positively to her current reparative and therapeutic care arrangements. 5. In relation to the Young Person's mental capacity and behaviours, assessments were undertaken in July and August this year by Dr Dee Neveling, Clinical Psychologist, with the latter report addressing, inter alia it would appear, the issue of doli incapax. Dr Neveling had been working with the family since 2010. The Court has access to Dr Neveling's reports prepared in relation to Beth on 30 July and 15 August 2014. The July report recounts concerning behaviours of the Young Person secreting dangerous weapons to use in attacks on refuge staff when she lures them into her room. Dr Neveling describes instances of the Young Person dissociating. The same report details the Young Person's family history between 2003 and 2014 and contains some frightening accounts of the Young Person's aggressive, threatening and dangerous behaviours, both to herself and to others. 6. Dr Neveling concurs with the diagnosis by other medical experts that the Young Person meets inter alia the criteria for Post Traumatic Stress Disorder and Reactive Attachment Disorder.