‘Impaired’ teen girl allegedly assaults carer with barbeque spatula

A court has been forced to choose between leaving a girl with the mental capacity of a preschooler in a watch-house or sending her to juvenile detention because Child Safety could not find suitable accommodation.

Teen girl generic image

A magistrate has been forced to order a teenage girl with severe impairments be locked up in youth detention on remand after the Department of Child Safety was unable to find accommodation for her following an alleged assault on her carer.

The young girl allegedly whacked her carer with a barbeque spatula at a Central Queensland shopping centre.

The 17-year-old made a bail application in Rockhampton Children’s Court on September 17 after spending four nights in the watch-house.

Defence lawyer Brandon Gimbert said his client was the subject of a Child Safety long-term guardianship.

“She has some pretty serious mental health issues,” he said.

Mr Gimbert said the defendant had an acquired brain injury from “chroming” and other illicit substance misuse.

He said she is on a treatment order where a depo shot is administered, even when she is unwilling.

“Her consequential thinking and behavioural regulation is significantly impaired,” Mr Gimbert said.

“One of the reports that has been provided states her cognitive functioning is similar to that of a four or five year old.”

He said the objection to bail affidavit stated there was an “unprovoked attack” by the child after a comment by the carer that there was a need for a visit to Child Safety.

Magistrate Grace Kahlert said the child was accused of having a disagreement with a carer while at the shopping centre this month when she punched the carer and threw his phone before picking up a barbeque spatula and hitting his arm with it.

Mr Gimbert said his client had a different version of events.

He said during the discussion with the carer, the child claims the carer clenched his fists.

“She took that as she thought he was going to assault her and she’s reacted,” Mr Gimbert said.

He said the child claimed she walked away and the carer followed and she thought the carer still intended to harm her so she grabbed a barbeque spatula and hit him on the arm with it “because he was quite larger than her”.

“She thought she needed something to help her better defend herself,” Mr Gimbert said.

He said CCTV from inside the shopping centre will assist determine what actually happened.

The court heard the teenager had previously been assisted by other carers but at the time of this incident, Child Safety had moved her into a more permanent accommodation which had carers from a different organisation.

Mr Gimbert said his client did not get along with the new carers and she had a cultural connection with the carers.

A representative from Child Safety told the court she had been advised from the service centre manager in consultation with the regional director that all service provider placement options had been exhausted in the Central Queensland area, which includes Woorabinda and Biloela.

Police prosecutor Mirren Smith said with no bail address, police could not monitor the child nor check in on her.

She said the child was a huge risk to the community given she is accused of assaulting a carer in a public place and she had a history of assaulting police and youth detention workers.

Ms Smith said the child had more than 100 offences on her juvenile record.

“She can’t follow the rules inside detention centres,” she said.

“How can she be expected to follow them outside?

“Child Safety has been given quite a few chances but nothing is working here.

“It’s not all her fault.

“She needs to be remanded in custody for community safety as well as her own.”

The court heard there were conflicting psychiatric reports about the child’s mental capacity – whether she was fit or unfit to stand trial – and a third independent report was being sought.

Ms Kahlert said granting bail without accommodation secured would mean the child would remain in the watch-house until accommodation was secured and that could be “for a very long time”.

“It is not appropriate for a child like you to go to detention but I can’t see anything else that I can do that would make sure you are safe and that other people in the community are safe,” she said.

The child has been charged with one count each of assault occasioning bodily harm while armed, common assault and wilful damage in relation to the incident at the shopping centre.

She was on bail at the time for other alleged offences.

Mr Gimbert told the court the child would contest the charges but no pleas were entered.

Briefs of evidence were ordered for all charges and they were adjourned to October 29.

Originally published as ‘Impaired’ teen girl allegedly assaults carer with barbeque spatula