Police v MH

Key Words: robbery, steal from the person, Crimes Act 1900 Section 94 – common assault, Crimes Act 1900 Section 61 – assault/resist officer in execution of duty, Crimes Act 1900 Section 58 – damage property – juvenile justice – youth justice conference

Facts:

MH was a foster child, who has suffered from substance abuse since the age of 12. At the time of the offence, MH was intoxicated in a public park late at night. Under the influence, MH assaulted two younger boys and . MH hid from police when they arrived, but was eventually apprehended after a struggle.

Outcome:

During negotiations the charge of robbery was withdrawn, and MH subsequently pleaded guilty to the other charges. Following submissions, the Magistrate formed the view that the appropriate disposition in all the circumstances was a youth justice conference. Youth justice conferences are a diversionary measure that usually end without a conviction being recorded. Ultimately, after completing the youth justice conference, MH’s charges were dismissed without conviction.