Sydney, Australia -- (SBWIRE) -- 10/31/2013 -- In the early morning hours of November 29, 2008, an 18 year old male and his friends were walking around while they were intoxicated. The 18 year old slipped and fell. At that time, a man who was walking past them looked at the 18-year old who took offense at this. He chased the passer-by and when he had overtaken him, he started punching him. As the passerby lay on the pavement, the 18 year old continued kicking him in the face until his jaw was broken in three places. Exhausted, they began to walk away.
After this, the 18-year old and his friends began arguing and fighting against each other which prompted another passerby to try and calm them down. The friends turned against this second passerby and began mauling him. As the man lay on the pavement the 18 year old repeatedly kicked him for which he suffered injuries.
After charges were filed against the 18 year old and his friends, the 18 year old pleaded guilty to the charge of assault. The only question before the Magistrate was the punishment that should be imposed on the accused youthful offender.
The Magistrate took into consideration the early plea of guilty of the accused; his youthfulness and the evidence presented by the attending physician of the accused that he had been suffering from ADHD. The court also took note that the accused has had anger management issues for years.
On the other hand, the court took note that the accused assaulted two persons without any cause whatsoever. He showed utter disregard for them when he continued to assault them even as they already lay on the pavement. The court took into consideration as well that the accused was intoxicated and they were roaming the streets looking for unwitting victims on which to inflict violence. In court, he showed no remorse for his actions. The court found that there were no exceptional circumstances that would lead it not to impose the penalty of imprisonment. The court thought that imprisonment will send a message that the community will not tolerate this kind of wild behavior.
Thus, the court decided that while the punishment for the accused should be severe enough to deter him from similar actions in the future, the accused should be given a chance to reform and be rehabilitated. Imprisonment in jail with adult prisoners will not serve to rehabilitate him. Thus, the court sentenced the accused to imprisonment at a youth detention center. Because of his plea of guilt, he will not serve the maximum sentence of 24 months but will only serve 18 months.
About Alan Weiss
Alan Weiss established Aussie Divorce, Criminal Lawyers Directory and Drink Driving Directory in 2005. Today, we are Australia’s most exclusive criminal and family law directories, with more than 7000 indexed pages online.
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