WARNING: GRAPHIC IMAGES
A Melbourne teenager who punched a 14-year-old autistic girl more than 40 times as part of a savage group assault that was filmed and posted online has been spared jail and a conviction.
Alajeck Anai, now 19, was sentenced last year to six months youth detention after she pleaded guilty to one count of affray over the “appalling” attack at Altona Pier in February 2024.
But the County Court of Victoria upheld Anai’s appeal on Wednesday, ordering that she serve 15 months of “community corrections”, with her conviction overturned.
Anai was 18 at the time of the assault and the eldest of the five teens who set upon the victim, landing 43 punches to the girl’s head and body as she cowered on the pier.
The attack only ended when a bystander stepped in, but the assault was recorded and shared on social media.
“It was horrible, it was nasty, it was disgusting,” Judge Pardeep Tiwana said at Wednesday’s appeal hearing.
“Had she been older or had been in trouble before, I would not have hesitated locking her up.”
The court was told Anai was subjected to family violence and abuse at home. But she was also responsible for caring for her younger siblings, with little assistance.
She never had her own bedroom, and instead slept in the lounge, the court was told.
Her life was marred by past trauma and severe disadvantage, which the judge took into account when handing down his decision. The 19-year-old was also completing a makeup artistry course in the hopes of turning her life around, the court was told.
But while on bail awaiting the appeal, she had engaged with a psychologist, taken an anger management course and was doing “excellently”, according to her lawyer.
Her rehabilitation was an important consideration, he added.
At the time of the attack, Anai was four years older than her 14-year-old victim, but had never before been in trouble with police and had abided by her bail conditions after the assault.
The judge addressed Anai, asking her to stand up in court.
“What you did … was absolutely appalling.
“It was … serious, violent conduct, attacking a defenceless young girl, vulnerable, and there’s a group of you attacking and pulling her hair, punching her and kicking. How do you feel about that?”
In response, Anai said she should never have taken part in the gang attack.
“I’ve been apologetic ever since that day, I know what I did was wrong, and I should never have done that,” she said.
“And for the victim, I’m very empathetic for them and her family.”
But it was of little consolation to the victim’s mother, Anna Axiak, who was shocked the 19-year-old avoided having the crime on her permanent record.
Speaking outside court, Axiak said her daughter was still dealing with the impact of the attack and had been too terrified to return to school since.
“The court’s worried about [Anai’s] rehabilitation and her life, but what about my daughter?
“We just have to find a way for her to overcome her fear because she’s so scared,” the mum said.
She explained her daughter had once loved going for walks with the dog, but was now often scared to leave the house.
The now 15-year-old had a social worker and a psychologist to help, but still struggled day to day.
As part of her community corrections order, Anai must perform 80 hours of community work over 15 months, and of that, 30 hours could be for psychological treatment.
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