Graffiti crimes: Entering inclosed land without lawful excuse, housebreaking implement & graffiti offence

Alicia* was a 14-year-old teenager. Police charged her with the serious offence of robbery in company which carries a maximum penalty of 20 years imprisonment.

As Alicia was only 14 years old her matter would go before the Children’s Court.

Friend steals backpack from a girl

The background to the alleged offence was Alicia and her friend were at a train station in Sydney. There, they saw a girl that they knew and asked her if she had any money. The girl said that she did not. The girl was also wearing a backpack which Alicia’s friend demanded the girl hand over. Fearing for her safety the girl gave her backpack to Alicia and her friend. When the girl got home, she told her father who in turn told the police. The police then visited Alicia’s house that night and charged her with robbery in company.

The entire incident was on CCTV.

Was a Robbery in company charge appropriate?

Should Alicia be charged with a criminal offence simply for being in the presence of her friend who stole the backpack? 

Childrens Court is where children should be quickly processed rather than languishing in a watch houseAlicia’s father contacted our firm to assist his daughter. We entered a plea of not guilty. The Children’s Court ordered that the service of the brief of evidence occur. While waiting for the hearing date our criminal solicitor wrote representations to the police requesting that they withdraw the single charge. Our representations were successful, and police withdrew the charge.

Alicia was able to continue with her life while her friend remained before the Children’s Court.

*We change names to maintain confidentiality

If your child is facing criminal charges, contact our Children’s Court lawyers today.


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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