Lock up my boy: Mum’s plea to police after break-in

A mother said she was “stunned” after her 13-year-old escaped with a warning for breaking into a local restaurant, twice. The owner has had a “gutful” and is demanding police charge the offenders.

CCTV images of the break-in at a Thai restaurant in South West Rocks on Monday night

A mother has pleaded for police to discipline her teenage son after he recently broke into a local business twice on the state’s mid-north coast.

The woman – who cannot be identified for legal reasons – said she was “stunned” to discover there were “no consequences” when her 13-year-old and his friend were arrested for the second time in a month at South West Rocks.

It comes as the Minns government commences a review into “doli incapax” – the legal presumption that children older than 10 and younger than 14 do not sufficiently understand the difference between right and wrong, and therefore cannot be held responsible for a crime.

The boys targeted popular local Thai restaurant Chop ‘n Chill on May 23 and then again on Monday night this week, smashing windows and attempting to loot the premises.

“The first time they brought my son home, I asked the police ‘is something going to come from this?’,” the mother told The Daily Telegraph.

“I even said ‘surely you need to put him in the watchhouse for a few hours’. But he got a warning.

“Then on Monday night, I went to sleep and he was in bed. Suddenly, police were knocking at my door at 1.30am saying ‘we have your son’.

“He’s now done the wrong thing twice. I know this boy, a punishment would frighten him and make him accountable.”

Jacqueline Cudmore, the owner of Chop ‘n Chill, has demanded police charge the youth offenders after her restaurant was broken into for the seventh time. Picture: Scott Calvin.

The mum claimed to have been so “embarrassed and ashamed” by her son’s actions that she contacted the ­restaurant owner to personally apologise.

More than 21,000 police incidents have involved young offenders in each the past four years. However, 42 per cent of children who have committed a crime have escaped with a police warning or caution in 2023-24. Recent data from the Bureau of Crime Statistics and Research (BOCSAR) also highlights the impact of doli incapax on the courts, with “proven outcomes” against 10- to 13-year-olds falling from 76 per cent in 2016 to just 16 per cent in 2023.

Chop ‘n Chill owner Jacqueline Cudmore has now been the victim of seven break-ins from different youths in recent years. When contacted by The Daily Telegraph, an emotional Ms Cudmore said she had told the police she wanted to press charges.

“But the officers say they can’t because of how young the offenders are,” she said.

“It has cost us at least $30,000 and our insurance has tripled.

“I only just got the glass ­repaired from the last incident. I’ve had a gutful.”

In a message to NSW Premier Chris Minns, Ms Cudmore said: “I want answers. I’m tired of excuses. How much do we have to put up with? When is it ever going to end? Police are always helpful but they are as frustrated as I am.”

The two boys breaking into the Chop ‘n Chill restaurant at South West Rocks on Monday night, caught on CCTV. Picture: Supplied

NSW Nationals leader ­Dugald Saunders said he had heard many stories where “young offenders simply can’t be controlled by their parents or grandparents”.

“We are calling for a curfew for repeat young offenders, electronic monitoring and a far tighter set of rules around bail,” Mr Saunders said.

The NSW Opposition will push to strengthen the Bail Act in coming weeks.

Forensic psychiatrist Tanveer Ahmed said doli incapax was “being applied a little too weakly at times”.

“When you see people offending dozens of times, it’s hard to argue that they don’t know they have done the wrong thing,” Dr Ahmed said.

“We have a much more sophisticated understanding of the psychological and intellectual development of children than when doli incapax was first applied.”

Mr Minns yesterday told the Telegraph: “The doli incapax review is important and we’ll await the outcome of the review. However, it’s clear the system isn’t working and change is overdue.”

Back at South West Rocks, the mother insisted despite the recent police incidents, her son was a “good boy”. She said she was now trying to engage a range of support programs.

“Maybe some harsh words from an older male might scare him,” she said.

Originally published as Lock up my boy: Mum’s plea to police after break-in