Teen mall sex attacker unfit to stand trial to be stuck in Don Dale for almost three years

A YOUNG teenager who committed a series of brazen daylight sexual assaults on women in the Smith St Mall will likely spend almost three years in Don Dale, despite being found unfit to stand trial.

A young teenager who committed a series of brazen daylight sexual assaults on women in the Smith St Mall will likely spend almost three years in Don Dale, despite being found unfit to stand trial. Picture: Justin Kennedy

A YOUNG teenager who committed a series of brazen daylight sexual assaults on women in the Smith St Mall will likely spend almost three years in Don Dale, despite being found unfit to stand trial.

The Supreme Court heard the then 14-year-old boy — who cannot be named — had consumed alcohol, cannabis and methamphetamine on the morning of July 20, 2018.

At about lunchtime, the boy entered the mall where he proceeded to grope the women over a period of about 10 minutes, including one instance of sexual intercourse without consent.

The boy was arrested on the day of the offending and has been in Don Dale on remand ever since after prosecutors conceded he was unfit to stand trial over the assaults.

Chief Justice Michael Grant said a psychiatrist found he did not understand the concept of entering a plea and would likely be unable to follow court proceedings.

“He suffers from a significant intellectual disability and severe functional impairment secondary to Foetal Alcohol Spectrum Disorder,” he said.

“He was raised in dysfunctional and transient home environments and suffered early childhood trauma, including exposure to domestic and sexual violence.”

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A psychological report completed in April this year found while the boy posed a “high risk of sexual recidivism” he should be released via a “staged or graduated transition into the community”.

The report recommended out of home care in Darwin as the best place for the boy’s transition but found that option was “not feasible” due to a lack of suitable facilities.

In ordering that the boy be detained under custodial supervision in Don Dale for two years and 10 months, Chief Justice Grant said the court’s hand was “to some degree forced” by the lack of any other appropriate accommodation.

“The court is entirely reliant on the executive to make appropriate facilities and services available for the custody, care or treatment of accused people who continue to present the relevant level of risk to either themselves or the community,” he said.

“There is in this jurisdiction a dearth, or at least a shortage, of appropriate secure accommodation outside the custodial correctional context to house supervised persons subject to custodial supervision orders.

“As this court has observed on many previous occasions, that situation is far from ideal.”

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Chief Justice Grant said the term of the order represented the “most generous discount available” and was “stretching the legitimate breadth of the sentencing discretion”.

The matter is listed for major review on December 14.