Latest news with #youthJustice
CBC
08-07-2025
- CBC
Teen should get adult sentence for role in 'sadistic' 2022 Point Douglas killings: prosecutor
WARNING: This story contains graphic details. A judge is weighing whether a youth sentence is appropriate for a now 18-year-old who went on what prosecutors call a "sadistic" killing spree in 2022 that took three lives in under an hour in Winnipeg's Point Douglas neighbourhood. The early morning attacks on Aug. 22, 2022, left Danielle Dawn Ballantyne, a 36-year-old woman, dead. Marvin William Felix, a 54-year-old amputee who used a wheelchair, and Troy Baguley, 51, were critically injured in attacks the same morning and later died in hospital. Two teens, both 15 at the time of the killings, pleaded guilty to manslaughter and two counts of second-degree murder. They cannot be named due to provisions under the Youth Criminal Justice Act. Prosecutors have recommended both teens receive adult sentences, which would mean automatic life sentences on the second-degree murder charges. The maximum youth sentence for second-degree murder is seven years — up to four years in custody, with up to another three years of probation. In hearings that began Monday, Manitoba Court of King's Bench Justice Gerald Chartier is hearing arguments on whether one of the teens, now 18, should be sentenced as an adult. Prosecutor Jodi Koffman told the court that the Crown must prove the teen was morally responsible for the killings, and that a seven-year youth sentence is not enough to hold him accountable or to protect society. Koffman said the teen took part in a "killing spree" that targeted vulnerable people without remorse, attacking them in a "sadistic" manner that involved removing their pants and stomping on their genitals and heads multiple times, before leaving them "exposed and incapacitated." "These murders were purposeful, intended and desired," Koffman said Tuesday. The teen has an "unbroken criminal history" both in and out of custody, she said, that began before he turned 12 years old and continued to shortly before his 18th birthday. That history includes multiple assaults, group assaults, weapons-related offences, uttering threats, and spitting on and punching correctional officers, the prosecutor said. "One would hope that after being charged with three deaths, and claiming to feel bad about it, [he] would stop hurting others violently, and yet this hasn't been the case," said Koffman. Surveillance footage shows attacks The teen and his co-accused were reported missing from a Wolseley-area group home the evening before the 2022 attacks, court heard. The teen later admitted that they stole alcohol from a beer vendor and visited drug houses in the hours before the fatal beatings, said Koffman. Surveillance footage played in court Monday showed the beginning of the attacks at 4:19 a.m., when the teen and his co-accused beat Baguley for about eight minutes before they dragged his body to a Main Street parking lot, between Jarvis and Sutherland avenues. The beating left Baguley with traumatic brain injury and a total loss of cognitive capacity, court has previously heard. He was removed from life support in March 2023. Police found Ballantyne lying on the second floor of a Jarvis Avenue apartment building near Main Street around 7 a.m. on the day of the attacks. The mother of four from Misipawistik Cree Nation sustained injuries to the left side of her head. Broken glass, a backpack and a purse were scattered next to her body near a pool of blood, according to an agreed statement of facts. Surveillance video later caught the teens as they walked together, with their arms wrapped around each other, less than half an hour after the attacks on Baguley and Ballantyne. The two stumbled upon their final victim: Felix, who was asleep in his wheelchair near the Bell Hotel on Main Street. The video shows the teen and his co-accused punch and drag Felix to the ground, before the teen removed Felix's pants and the two stomped on his head and genitals multiple times. Felix, who was from the northern community of Berens River, was taken to hospital in unstable condition and died on Aug. 26, 2022, from blunt force injury to his head, which fractured his skull, left cheek and jaw. The teen's co-accused was later seen wearing Felix's pants as they walked down Main Street following the assault. The video also shows the teen assaulting people at random in front of the Main Street Project shelter, including another man in a wheelchair, before fleeing. Teen diagnosed with ADHD, FASD On Monday, Sara Spevack — a clinical psychologist who assessed the 18-year-old twice in 2024 — told the court that he was diagnosed with attention deficit hyperactivity disorder, fetal alcohol spectrum disorder and mild intellectual disability. He was also found to have an IQ of 72, Spevack said. The threshold for intellectual disability is typically 70, she said. But Koffman argued that even with the FASD diagnosis, the teen does not suffer any severe cognitive defects, saying he was "calculated" and understood that his "extreme, prolonged and gratuitous" killings were morally wrong. "An adult sentence is the only way for us to monitor him long-term and to be able to sanction him if he becomes a danger to public safety again," she said. The hearing is scheduled until Thursday.
SBS Australia
04-07-2025
- Politics
- SBS Australia
ACT chooses 'care over cruelty' by raising the age of criminal responsibility to 14
In a historic move, the Australian Capital Territory has become the first jurisdiction in the country to raise the minimum age of criminal responsibility to 14 – a significant reform celebrated by legal advocates, health experts and Aboriginal and Torres Strait Islander leaders. From July 1, children under 14 in the ACT can no longer be charged, prosecuted, or imprisoned under the criminal legal system, except for a limited number of excluded offences. The change comes as part of a two-stage reform passed in 2023, which first raised the age from 10 to 12 and now to 14. The Aboriginal Legal Service (NSW/ACT) welcomed the milestone, commending the ACT Government for a decision grounded in research and community wellbeing. 'This reform will keep more children where they belong: in their homes, communities, schools, playgrounds and sports fields, supported to thrive rather than being dragged through court and languishing in youth prisons,' ALS chief executive Karly Warner said. 'Evidence shows the younger a child is at first contact with the legal system, the more likely they are to keep coming back into contact with police and courts and to experience adult imprisonment. "That's why raising the age of legal responsibility to 14 is a commonsense move not only for children but for all members of our communities.' While praising the ACT's leadership, Ms Warner urged further reform, calling for the removal of exceptions that still allow children to be criminalised under certain circumstances. The change follows decades of sustained advocacy from Aboriginal and Torres Strait Islander communities, health professionals and legal experts, who have long highlighted the harms of early criminalisation, particularly for Indigenous children, who remain disproportionately affected by the system. A call for national action Advocacy organisations, including Change the Record, the Justice and Equity Centre and the Human Rights Law Centre, also welcomed the reform, and called on all other jurisdictions to follow suit without delay. 'Every child deserves to grow with connection, not be locked up in prison cells,' Jade Lane, Change the Record chief executive, said. 'The ACT reforms are a crucial step toward choosing care over cruelty, especially for Aboriginal and Torres Strait Islander children, who are disproportionately targeted by police and the so-called justice system.' Ms Lane urged other jurisdictions to end harmful, punitive youth justice practices and invest instead in community-led solutions that support young people. 'This change in the ACT signals a well-overdue time to invest in Aboriginal and Torres Strait Islander children to thrive, not trap them in cycles of criminalisation,' she said. Maggie Munn, First Nations director at the Human Rights Law Centre, said the reform sets a precedent for the rest of the nation. 'Our kids deserve to thrive, not be caged in police watch houses and prison cells. This is a positive step forward which means that more children in the ACT will be cared for, rather than pipelined into prison,' Munn said. 'We call on every state and territory government to do the right thing for kids and communities, and raise the age of criminal responsibility to at least 14, with no exceptions.' Chief executive of the Justice and Equity Centre Jonathon Hunyor told NITV that locking up children cruels their chances and takes them away from positive influences. "What we do is place kids in a situation where they build criminal capital – they go to the university of crime," he said. "They get taught that they're criminals and told that they're criminals – and that's exactly what we produce. "So it's very easy to talk tough and be all hairy-chested about being tough on crime, but the fact is, it's not working, it's never worked, and it's never going to work. "Unless we actually invest in kids, we invest in communities, we invest in solutions, we're just saying the same stuff over and over again." Australia still lagging behind international standards Despite the ACT's progress, Australia remains out of step with international human rights obligations. The United Nations has repeatedly called on Australia to raise the minimum age to 14 'without exception,' citing evidence that children aged 10 to 13 lack the developmental capacity to be held criminally responsible. Mr Hunyor said that raising the age is a catalyst for changing systems, taking the emphasis from criminalisation, from police and prisons, to where it can make a difference. "And that's intervening early, supporting children and families from a much younger age than even 10 so that problems that lead them to commit criminal offences don't materialise or, if they do, that kids can get back on the right track," he said. "So it's all the obvious stuff that we should be investing in community services, after school activities, mentoring for young people, mental health support and there's support for families. "We address things like homelessness and a lack of housing, disability supports that we need in our communities "They're all the things that we know are going to make a difference." Communities had a right to be angry that government is not investing in them and not investing in people's capacity to do better, Mr Hunyor said. "Instead, we park at the bottom of the cliff, we wait for kids to fall off, we chuck them in the paddy wagon, and we drive them back up and let them out again, and the whole cycle starts again," he said. "It's just a ridiculous approach that we're taking. "And until more people look at the evidence like they are in the ACT, we're not going to get better outcomes." In NSW, Queensland, and South Australia, the age of criminal responsibility remains at 10. The former Northern Territory Labor government raised the age to 12 but when the Country Liberal Party swept to power in August last year, one of the first act's of Lia Finocchiaro's new government was to lower it back to 10. Victoria has also kept the age at 10, and while that state has passed legislation to raise it to 12; the change has not yet been implemented and also includes new police powers targeting children as young as 10 and breaks a promise from former Premier Dan Andrews to raise the age to 14 by 2027. Tasmania has committed to raising the age to 14 by 2029, while in Western Australia, the government has voted to raise the age to 14, but implementation is still pending. 'Kids deserve a childhood free from cages and isolation,' Ms Lane said. 'It's time the rest of the country caught up.'
The Guardian
18-06-2025
- Politics
- The Guardian
Pepper spray use in youth prisons irresponsible amid racial disparities, watchdog warns
The rollout of synthetic pepper spray for use to incapacitate jailed children is 'wholly irresponsible' while black and minority prisoners are more likely to be subjected to force than white inmates, a watchdog has said. Elisabeth Davies, the national chair of the Independent Monitoring Boards, whose members operate in every prison in England and Wales, said the justice secretary, Shabana Mahmood, should pause the use of Pava spray in youth offending institutions (YOIs) until ministers had addressed the disproportionate use of force on minority prisoners. 'There is clear racial disproportionality when it comes to the use of force,' she told the Guardian. 'It is therefore, I think, wholly irresponsible to expand use-of-force measures before disproportionality issues are addressed.' Mahmood authorised the rollout of Pava across YOIs in England and Wales in April amid growing demands from the Prison Officers' Association (POA) to protect staff from attacks. The government's 'use of force' evaluation report, published in April, found black prisoners were nearly twice as likely as white prisoners to experience Pava and baton use. Using official data to March 2023, the report found that 409 of every 1,000 black inmates were subjected to use of force, compared with 208.6 per 1,000 white prisoners. Davies urged ministers to hold back on rolling out Pava spray in the youth system until the racial disparities were properly addressed. 'We've got evidence that the growing reliance on visible weapons – such as the rollout of Pava spray in the male youth state and the trial of Tasers in the adult male prison state – is deeply concerning for people with lived experience,' she said. 'Our board members have been told that the visible presence patterns make [prisoners] feel constantly afraid, and that's increasing tension rather than easing it.' According to the IMB's national annual report, released on Wednesday, black prisoners at HMP Elmley on the Isle of Sheppey in Kent were significantly more likely to have force applied to them than white prisoners. At HMP Birmingham, the category B jail once known as Winson Green, there was evidence of 'clear racial disparities in the use of force', despite the diversity of prison staff and the introduction of cultural awareness training. Amid a deepening overcrowding crisis, some prison officers will be trialled with stun guns this summer, while the Conservatives have said some should be given access to live ammunition. It follows an attack on three officers at HMP Frankland by Hashem Abedi, a terrorist involved in the Manchester Arena bombing. Davies said prison officers showed 'remarkable bravery' in challenging conditions but the majority of assaults were actually between inmates. 'We're seeing violence driven by overcrowding, by mental health crisis and rapid drug use,' she said. 'One of the most effective ways to reduce violence is through strong and respectable relationships between staff and prisoners.' Squirted from a canister, Pava spray, or pelargonic acid vanillylamide, causes searing pain and discomfort in the eyes for about 40 minutes and a burning sensation to skin. It was rolled out in men's prisons in England and Wales in 2018. There are three publicly run YOIs and one that is privately run, holding young offenders up to the age of 21. According to government statistics covering 2022, most children in prison were from ethnic minorities. Data obtained in April by the Howard League through freedom of information requests showed that black men were almost three times more likely to be sprayed with Pava than white men in prison, and young black men under the age of 25 were five times more likely to be sprayed than their white counterparts. Responding to Davies, Mark Fairhurst, the national chair of the POA, said IMB members were 'not the ones on the receiving end of life-changing injuries' from violent youths. 'It would be wholly irresponsible of the government not to give my brave colleagues the protections they need when dealing with violence,' he said. 'Using the ethnicity or age of offenders to excuse their violent behaviour is shameful … Nobody should ever enter their workplace and be expected to become a victim.' A Youth Custody Service spokesperson said: 'Pava will only be used as a last resort to protect staff and young people from serious harm, such as violent incidents involving weapons. Staff will receive specialist training, and every use will be closely scrutinised with strict controls in place.'
ABC News
11-06-2025
- ABC News
Tasmania's prison watchdog calls for end to practice of housing kids in adult watch-houses
Tasmania's Office of the Custodial Inspector says the state government is failing to keep children safe through its continued practice of placing them in adult prison watch-houses. Last week, Custodial Inspector Richard Connock published a report into the placement of children in two of the state's watch-houses — the Hobart and Launceston reception prisons. The report found "children being held in the state's adult prisons were exposed to threats of sexual abuse, violent behaviour and inhumane and degrading treatment". It also found there were 642 receptions of 222 children between December 2022 and August 2024. Alleged children and youth offenders in Tasmania are eligible for bail depending on the seriousness of their alleged crimes. If they are ineligible, they await court appearances in watch-house cells. "Children should not be in prison. This is the clear conclusion from this report," Mr Connock said. "These watch-houses look, feel, smell, sound and function like prisons.' "The vast majority of people held there are adults, and they are run by prison staff with a background in managing adults, not children." The report found children were often held for 16 to 24 hours in cells designed for temporary detention, saying they "lack the amenities and opportunities that exist in long-stay prisons, including access to fresh air and exercise". There were two cases where a child was not released for 43.5 hours. The report recommended the government develop a plan to "minimise and then stop the use of prison watch-houses for children" and develop an alternative that aligns with broader youth justice reform. Mr Connock said children told his office that "watch-houses are noisy and that they can hear adults shouting at all hours", and one child disclosed they were subjected to threats of sexual abuse by an adult. Former West Australian custodial inspector Professor Neil Morgan, who contributed to the report, said the Hobart Reception Prison watch-house was "one of the most confronting things I've encountered in a place of child custody". The report noted that prison watch-houses were "only minimally mentioned" in the Commission of Inquiry into the Tasmanian Government's Responses to Child Sexual Abuse's final report in 2023. In response to the commission to inquiry, the Tasmanian government promised to overhaul its youth justice model, but the custodial inspector fears watch-houses are being overlooked. The announced overhaul includes raising the age of criminal responsibility from 10 to 14, building a new facility to replace the Ashley Youth Detention Centre, and the implementation of a therapeutic model of care in youth justice facilities. However, in the report, the the Department of Children and Young made clear to the custodial inspector that the yet-to-be-built replacement facility for the Ashley Youth Detention Centre "has not been designed as a substitute for watch-house detention". The custodial inspector, Mr Connock, said he wrote to the Youth Justice Reform Expert Panel in January 2025, raising concerns about the lack of reform for children being placed in prison watch-houses. In response, the deputy secretary of the Department of Children and Young People said the issue was "of great concern" to the panel, however "the commission of inquiry did not make recommendations specifically in relation to watch-houses". A Tasmanian government spokesperson said its Youth Justice Model of Care, released in December 2024, "provides for a coordinated and consistent approach to the delivery of trauma-informed". It also provides "evidence-based and culturally safe services to children and young people in contact with, or at risk of coming into contact with the youth justice system, and their families across Tasmania". The report found that from December 2022 to August 2024, Aboriginal children made up 40 per cent of the watch-house population, and 56 per cent of girls under 15 were Aboriginal. Girls, particularly Aboriginal girls as young as 13, were also more often subjected to searches by male staff, which is against search protocol. Protocol since 2022 is that searches should involve two people of the same gender as the child, or if gender-diverse, as requested by the child. The Tasmania Prison Service operates the watch-houses and said changes have "resulted in significantly fewer intrusive searches for children being undertaken". It said it would ensure protocol was met "as much as practicable" and investigate cases where it was not. Tasmanian Aboriginal Legal Service CEO Jake Smith said it was "shocking" that this can and still occurs, and called for more cultural supports for Aboriginal children. "To be searched by someone of a different gender and housed alongside adults further adds trauma. This needs to be urgently addressed. "We know that when children are arrested and particularly held on remand and go through the youth justice system that it likely leads to more crime and more offending." The report said children in watch-houses "often have nothing to do except rest or become frustrated, distressed, or bored", and are "effectively kept in isolation, unless there is another child in their cell". "Lack of social contact adds to the stress of the environment and exacerbates risk of suicide and self-harm, which are already elevated upon entry into custody," the report said. The Department of Police, Fire and Emergency Management rejected that outcomes of detention in watch-houses were inherently negative — saying it can also be a "circuit breaker". "Children in watch-houses also have the opportunity to be calm and contemplative and it should be recognised that they can become so when removed from the environment and influences that have contributed to the behaviour that led to them being held there," the department said. It said eligible children were bailed "by default and as expeditiously as possible", but if not eligible, "they will attend court as soon as practicable". Tasmanian Greens MP Vica Bayley said the government needed to act, saying "it's not appropriate to incarcerate children in adult watch-houses". "There wouldn't be a person in Tasmania who wouldn't want our children looked after and cared for appropriately," he said. The Department of Children and Young People (DECYP) said the planned new Tasmanian youth justice facility in Pontville, near Hobart, which is designed to replace the Ashley Youth Detention Centre, "is expected to contribute to a reduction in the number of children entering watch-house settings". It agreed that reducing reliance on watch-houses was "an important goal". Mr Connock's report makes 12 recommendations, including implementing more culturally appropriate and gender-informed support persons, greater measures to reduce the length of stay, improving record keeping, and ensuring that girls and gender-diverse children are not disadvantaged in prison watch-houses. "The reform agenda will only succeed if it embraces all the situations where children are in custody," the report said. A Tasmanian government spokesperson said the government will consider all recommendations from the Custodial Inspector's report.
BBC News
30-05-2025
- General
- BBC News
Teen sentenced after setting fire to Taunton community minibuses
An 18-year-old who admitted setting fire to minibuses used by people with disabilities and schoolchildren has been sentenced to a two-year teen, who cannot be named as he was 17 at the time of the offences, carried out the arson attack at Silk Mills Park and Ride in Taunton on 26 April, destroying seven minibuses, including four specially-adapted vehicles worth up to £250, was also charged with one count of arson to a car, criminal damage to two cars, affray and assault by beating an emergency Sgt William Instance, of Avon and Somerset Police, said the "huge" damage to the minibuses "has had a significant impact on the local community". The teenager pleaded guilty to all six offences last Thursday at Exeter Magistrates Court, he was given a two-year custodial sentence and ordered to pay £600 compensation to those whose vehicles were damaged.
