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Charge dismissed after Sunshine Plaza juvenile group assault to avenge girl

A young man had his charge dismissed following his presence in a group assault against a grown man who had tried to fight a girl outside a school campus.

The assault occurred on a footpath at the Sunshine Plaza. Picture: Patrick Woods.
The assault occurred on a footpath at the Sunshine Plaza. Picture: Patrick Woods.

A teenager had his charge dismissed after he held down a man in a beat up who had tried to fight a female student outside a school.

The young man, who can not be identified for legal reasons, pleaded guilty in Maroochydore Magistrates Court on Thursday, July 3 to affray, but the charge was dismissed after it was deemed police should have cautioned him instead.

Police prosecutor Stephen Potter told the court about 1.30pm on a Thursday, the young man and nine other juveniles had approached and began following a 21-year-old man at the Sunshine Plaza.

The group had encircled the man outside RM Williams and began to assault him on the footpath, punching him repeatedly.

The young man had personally not thrown punches but stood with the group, the court heard.

Sergeant Potter said the teenager had later held down the 21-year-old man inside a store as others continued the assault, and customers as well as shop staff looked on. The juvenile then stood by the entryway to discourage the man from leaving.

The group fled upon the arrival of police, and several participants of the scuffle were later identified.

Sergeant Potter noted two other juveniles were already sentenced, and had received six month and 12 month probations.

Defence lawyer Chris Lumme opened his submissions by applying to dismiss the charge, saying the child should have been cautioned by police instead.

He referenced a letter written by a staff member of a school, which recounted they had seen the 21-year-old man accosting a girl outside the campus, prompting the group of juveniles to follow the man.

Mr Lumme specified that in footage depicting the scuffle, the 21-year-old man was seen following a 13-year-old boy, who had been one of two assaulting the man, into a store.

The juvenile who was before court on Thursday and another had then held down the grown man in order to protect the 13-year-old boy, Mr Lumme said.

He labelled the group’s actions as “misguided vigilantism”.

Magistrate Chris Callaghan noted the 21-year-old had an altercation with a girl, and the juvenile went to her aid and pushed him away before the group started their pursuit.

He said the offending came with “extreme circumstances” but told the juvenile “vigilantism can’t be encouraged”.

Mr Callaghan dismissed the charge but warned the teenager to not see this as a win, as he would not be afforded any further cautions.

“Let the law do its work,” he said.

Originally published as Charge dismissed after Sunshine Plaza juvenile group assault to avenge girl

Original URL: https://www.thechronicle.com.au/news/queensland/sunshine-coast/police-courts/charge-dismissed-after-sunshine-plaza-juvenile-group-assault-to-avenge-girl/news-story/96e0c5021db93c83758db157fd3646c8