The first teenager to face sentencing under Victoria's 'adult time for adult crime' laws has appeared in the County Court of Victoria, charged with carjacking a taxi driver while armed with a knife. The 16-year-old girl, whose name hasn't been released, is accused of committing the crime on February 26, just hours after the new laws came into effect.
The brief hearing was marked by confusion as lawyers and the judge attempted to interpret the new rules. They didn't agree on whether parties should appear in robes or plain clothes. They also didn't agree on which act - the Sentencing Act or the Children's, Youth and Families Act - decisions should be made under. Justice Scott Johns, who presided over the case, noted that there's a certain decorum in this court; they're not the Children's Court. They do have processes.
The alleged carjacking occurred when the victim, taxi driver Naresh Chawla, was parked at Dandenong station for his Silver Top Taxi shift. At around 2:45 am, the rear doors of Chawla's cab opened. A female voice asked him about who his booking was for. The teenager, wearing a black balaclava, then pointed a black-handled knife towards the driver's neck. She demanded he leave the keys and his phone in the car and get out.
Chawla was very scared and thought he was going to be stabbed. He left to seek help while the teenage girl drove his car away with a male co-offender.
The pair were arrested at 3:10 am after being found walking along Doveton Avenue in Eumemmerring. The stolen vehicle had been driven at up to 180km/h. The offender was captured on CCTV passing the knife to her co-offender, who then threw it onto a nearby gym roof. The maximum penalty for aggravated carjacking is life imprisonment.
'There's a certain decorum in this court; we're not the Children's Court. We do have processes,' Justice Scott Johns said.
The court heard that the male co-offender was sentenced in March to a year-long good behaviour bond. He was ordered to pay $100. The victim, Naresh Chawla, hasn't been able to work as a taxi driver due to the trauma. He's currently renting a vehicle for $260 a week. Chawla wrote in his victim impact statement, 'I tried a ride-share rental car but felt scared.' He said, 'I always feel like they may hurt me. Sometimes when I'm sleeping, I wake up in fear.'
The case has sparked debate about the new laws, which mandate that children aged 14 and older bypass the traditional youth justice system. Instead, they'll face adult courts and sentences for serious crimes. Premier Jacinta Allan has stated that under the new laws, children committing violent crimes - such as home invasion, carjacking, injuring someone with a machete - would face adult sentences in adult courts.
The maximum length of a jail sentence that can be imposed in the Children's Court is three years for any offence. However, the County Court can impose a jail sentence of up to 25 years for aggravated home invasion and carjacking. The hearing has been adjourned until July 26 for a further plea. The judge ordered a youth justice report to assess the teenager's needs and supports holistically.
Key Facts
- The 16-year-old girl is the first teenager to face sentencing under Victoria's 'adult time for adult crime' laws.
- The alleged carjacking occurred on February 26, just hours after the new laws came into effect.
- The maximum penalty for aggravated carjacking is life imprisonment.
- The victim, Naresh Chawla, hasn't been able to work as a taxi driver due to the trauma. He's currently renting a vehicle for $260 a week.
- The male co-offender was sentenced in March to a year-long good behaviour bond and ordered to pay $100.
The case is set to continue in July, with the teenager's fate hanging in the balance. As the first test of the new laws, the outcome of this case will have significant implications. It will affect the justice system in Victoria and the treatment of young offenders. The community is watching closely. The court's decision will likely spark further debate about the effectiveness of the 'adult time for adult crime' laws.
They're meant to deter violent crime and rehabilitate young offenders. The laws' impact on the justice system won't be fully understood until the case is decided.