Judge sentences boy who filmed attack to five years but records no conviction
A boy who bashed a man causing life-changing brain injuries has been sentenced in a case highlighting Queensland’s youth justice laws.
A boy who filmed himself bashing a 37-year-old man in a public park, causing life-changing injuries, has had no conviction recorded because the offence happened prior to Queensland’s “adult crime, adult time” legislation.
The boy, now 16, pleaded guilty to one count each of deprivation of liberty and acts intended to cause grievous bodily harm.
He also pleaded guilty to one count of serious assault of a police officer.
Ipswich Children’s Court heard on Monday victim Benjamin Cant had been walking alone shortly after midnight in the vicinity of Ashleigh Barty Tennis Court in Springfield Lakes, west of Brisbane, in March 2024 when the child’s cousin, who remained at large overseas, started the assault near the toilet block, before the then 14-year-old got “hyped up” and joined in.
The duo kicked and punched Mr Cant, tearing off his clothing at some stages, before abandoning him motionless with traumatic brain injury, facial and rib fractures and other life-threatening injuries.
The violent offending was partially filmed on the boy’s phone and was uploaded to online platform Discord, prompting the court to close when it was shown as it was manipulative, bloody and sexual.
A security guard discovered the naked Mr Cant a few hours later and called for emergency services to attend, placing him on oxygen and holding him in intensive care for 16 days as he underwent a significant amount of surgery.
Photos capturing his injuries were shown in court, with swellings and bruises all over his body from his face, back, arms, legs to feet.
The child, who appeared in a black shirt and trousers at the dock, wept as Mr Cant’s mother Ella Wilesmith read out the victim impact statement.
“Human words cannot describe the impact of seeing someone who loves more than your own life fighting for theirs, watching them defeat death and then face a monumental fight to achieve normal,” Ms Wilesmith said.
“I saw my son’s body convulse violently — his face’s a hellish red, his temperature’s a dangerous 43C and his body expected to shut down.
“I was told his brain was so damaged that if he didn’t wake up, he would be in a nursing home for life.”
Mr Cant was able to open his eyes four months after the assault but was unable to communicate and had to once again learn how to stand with assistance, requiring lifelong specialist care.
Defence barrister Nathan Edridge said his client made admissions to his mother right after a police visit.
“My client has heard the victim impact statement prior to today and at least one of them (was) read out. He wishes to emphasise through me his apology to the victim and the wider family for his terrible criminal conduct,” he said.
“He feels sick over what he did. That remorse is carried through from back then to the present day.”
Judge Craig Chowdhury said the child lied to police in his interview and refused to name his alleged co-offender.
“You initially lied to police saying you did not see any bleeding,” he said.
“You also tried to minimise the impulsiveness of the attack, saying that the complainant had been talking to the two of you for an hour.”
Judge Chowdhury said he would have imposed a harsher penalty for the cataphoric lifelong injuries he caused if the offending occurred after Queensland’s “adult crime, adult time” legislation came into effect.
“You should’ve been at home. You shouldn’t have been out with your cousin, and even if you were out with your cousin, you shouldn’t have attacked this complainant,” he said.
“There’s nothing you can do. There’s nothing I can do to repair the damage to the victim.”
He sentenced the child to five years’ detention and required him to serve 50 per cent of that.
No conviction was recorded.
Ms Wilesmith said outside court she was disappointed that the head sentence was only five years of probation.
“The offender who contributed to putting my son into permanent disability will be home for Christmas after next October,” she said.
“The previous government, (then Labor premier) Annastacia Palaszczuk had blood on her hands, so did (her successor) Steven Miles.
“These are human lives. People lying kicked half to death, bleeding.
“The cost is astronomical financially, emotionally on every level, and shame on any politician who does not back the adult crime, adult time, and shame on any magistrate or judge who does not enforce that.
“We have had enough and we want justice for people who have been attacked, assaulted and genuinely disrespected as human beings.”
Youth crime advocacy group Victims 1st ambassador Lyndy Atkinson said offenders appeared to come before victims.
“The judge stated how Benjamin’s injuries were lifelong and violently catastrophic.
“Yet he couldn’t deem it particularly heinous. Well what is?” she said.
“It appears he is relying more on the co-offender who needs to be extradited.”
