Autistic boy basher may have charges dropped despite admitting involvement
A TEEN who bashed an autistic boy outside a suburban school in a brazen gang spanner attack could have the charges dropped — despite admitting his involvement.
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A TEEN who bashed an autistic boy outside a suburban school in a brazen gang spanner attack could have the charges dropped — despite admitting his involvement.
The 15-year-old brute, who cannot be identified for legal reasons, was charged with affray, unlawful assault and intentionally and recklessly cause injury after he pushed the 14-year-old victim from his bike and repeatedly punched him on May 8.
Two of his mates — brothers, aged 14 and 16 — then allegedly swooped in armed with spanners and continued to belt the victim.
The wayward youth fronted a children’s court on Tuesday where he accepted his involvement in the offending outside a high school in Melbourne’s northern suburbs.
But he pleaded with Magistrate Jane Gibson to give him a chance to keep his clean criminal record.
Police did not oppose the application.
Ms Gibson, after hearing he did not start the fight and his offending was “out of character”, placed him on a three-month diversion program.
If he complies with the program, all charges will be dismissed.
Under the diversion, he will have to write an apology letter to the victim, take part in programs to address his offending behaviour, and engage in schooling or employment and sport.
Ms Gibson warned the boy: “The offending is serious. You won’t get another opportunity to avoid a court record.”
She said she had taken into consideration the “context” of the incident after hearing evidence the victim sent the teen “antagonising” messages wanting to fight.
The teen said he met the victim “to talk” after being contacted on Instagram.
But when he arrived, his lawyer told the court, it turned into a “pretty ugly fight”.
“My client didn’t start this fight,” his lawyer said. “He went there to talk.”
She said he had received messages from the victim “antagonising in nature”.
“My client tried to ignore the messages,” she said.
“It was an immature response to being antagonised by the victim. It is a serious fight and he accepts that.”
His lawyer argued it was his first time before the courts, and that the attack was “out of character”.
The boy did not go to the fight armed like his co-accused, she said.
She said he also had been the subject of retaliation in the community since the incident.
A police summary read out in court revealed the victim was trying to defend a friend who claimed he was being bullied by the accused.
He was taken to hospital with minor injuries.
The two co-accused were also charged, and will face a children’s court at a later date.
Ms Gibson ordered the teen return before her on October 4 for a review.