TEENAGERS FREE TO BREAK THE LAW

Rape, arson, not even recorded as crimes

A thug lures a teenager to a graveyard before robbing, bashing and cutting his face with broken glass. A judge says it is the worst assault case he's seen. An arsonist burns down a school at the second attempt, causing $1.35 million damage.

A sex offender rapes his six-year-old sister while babysitting her. A robber tries to strangle a youth with a chain in a public playground before chasing and kicking him.

They are all shocking crimes - more shocking when you learn the crimes were committed by Qmensland children aged 14-16. Most shocking of all, though, are the sentences handed down to these offenders by the state's justice system. None of them was given a single day behind bars. A combination of probation and public service was their punishment. The rapist, and the arsonist didn't even have a conviction recorded.

And they are not isolated cases. A Sunday Mail investigation has found more than 90 per cent of Queensland offenders aged 10-16 walk away from serious crimes such as rape, attempted rape, armed robbery and drug offences. Department of Communities figures show just 27 of the 276 iuveniles convicted of such serious crimes in the past three years were sentenced to time in a youth detention centre.

Latest police figures tell the same story. Of the 70 rapes or attempted rapes committed by children aged 10-16 last financial year, only five offenders were given detention. Of the 119 children who committed armed robbery, only two were locked up. No juveniles were put behind bars for 2910 drug offences.

The lawyers given responsibility for prosecuting Queensland's child criminals describe the system as a joke. A source working for the Department of Public Prosecutions told The Sunday Mail: "The system is flawed, and we're not happy about it. The juvenile justice system alms to keep young offenders out of jail and in rehabilitation. That's a nice idea in theory, but in practice we see the habitual offenders coming back again and again because they know they won't be sent away. Around 9.5 per cent of juvenile offenders just walk away. It doesn't matter if they have a four-page criminal history and look likely to re-offend." He said only a handful of serious juvenile offenders spent time in detention centres. Most received cautions, good behaviour bonds and probation.

Opposition Leader Lawrence Springborg said the juvenile justice system needed a major overhaul to stop young offenders getting away with everything but murder. "Not only are some of these juveniles running wild, but they're completely feral," Mr Springborg said. "These people are worldly and they know what they're doing, and it's about time they got a very stern response." He said serious offenders should be named and habitual offenders punished.

Queensland Council of Parents and Citizens Association president Wanda Lambert said juvenile offenders should pay for their crimes. "What kind of message does walking away from a crime send to to young criminals?" she said. Ms Lambert said young offenders who hurt others or damaged school property should be dealt with severely. "Young offenders who do damage should be given sentences which fit their crimes. "How are they going to learn to take responsibility for their actions if they don't get punished?"

National Retail Association chief executive Patrick McKendry said juvenile offenders - and the fact most went unpunished - was a major issue for business owners. Some retailers feared for the safety of their staff. "A juvenile brandishing a knife or weapon is no less frightening than any other criminal," he said. "Perpetrators are now as blameless as the victims, and I would like to see the appropriate sentences applied.

But Acting Communities, Disbility Services and Seniors Miniser Henry Palaszczuk said the sysem was effective and the State government had "struck the right balance" on juvenile justice. "There are tough penalties for juvenile offenders and powers for our courts to name the worst ofenders" [How fearsome! "Tough" ???], he said. No juvenile offenders have been identified since the Beattie Government introduced naming rights in 2002.


From an article that appeared in the Brisbane, Australia, "Sunday Mail" newspaper on May 1, 2005



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