Highpoint shopping centre police attacker sentence could be appealed
VICTORIA Police will ask prosecutors to consider appealing a teen offender’s sentence as the 17-year-old was freed on probation after serving less than a month in custody.
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POLICE will ask the Director of Public Prosecutions to consider appealing a sentence handed to a teen who kicked an officer’s face.
The Herald Sun yesterday revealed a children’s court had freed the 17-year-old on probation after he served less than a month in custody.
The officer was kicked Highpoint shopping centre while on all-fours restraining a shoplifter during Boxing Day sales.
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The teenager was on probation over other offending — including home invasion and car theft — at the time of the attack.
“Police will refer the matter to the Department of Public Prosecutions. As the matter is still before the court, being within the 28-day appeal period, it would be inappropriate to comment further,” a Victoria Police spokesman said.
Attorney-General Martin Pakula said that while he understood the Police Association’s feelings about the sentence, prosecutors had not asked for a jail term at last Thursday’s hearing.
“I’m not part of the decision-making process, but if the Police Association has expressed their disappointment I completely understand that,” he said.
Association secretary Wayne Gatt said the decision had failed to meet community expectations.
He said it was disappointing that a criminal conviction was not recorded against the teen.
“Our members will interpret this, unfortunately, as a message in relation to the seriousness of that offending. And that’s sad because this is serious,” Mr Gatt said.
Before reaching its decision, the court heard the youth wrote a letter of apology to the police officer and his wife, which mentioned how deeply the media attention had affected himself.
“I feel really terrible about the media coverage. I have experienced it and I don’t like it and I feel really bad that it has affected their family as well,” he wrote.
To the officer, he wrote: “I felt really bad and really remorseful and really sorry for what I did. I didn’t realise it could have affected his job. I feel really bad that it affected his family.”
In releasing the youth back into the community, Magistrate Sharon Smith said she was reluctant to interfere with his schooling.
“This was serious what you did. I have read what you have written and it seems to be that you have thought a lot about what has happened.
“Not just to yourself but to other people. So that is good to hear because often I hear young people are only really thinking about their own situation and they’re not really thinking about its affected the police officer and his wife.
“You have already served a month in custody — that is a very significant factor for me. So that you’ve served part of your punishment already. It’s really significant that you’ve got VCE to start and I’m going to allow you to start that schooling and finish the case today.”
Ms Smith also ordered the youth attend psychological counselling to address his anger issues.