Teen accused of antisemitism has 109 charges dropped

Australian Jewish leaders slammed the decision by prosecutors to drop 109 charges against a 14-year-old girl in Melbourne, which included using a stolen car to run down a 45-year-old man cycling in Brighton, making antisemitic remarks and swerving towards Jewish people in Ripponlea after Googling “where do Jews live”.

The girl was 13 at the time of the alleged two month crime spree.   The criminal age of responsibility in Victoria is 12.  However, the legal principle of doli incapax requires that to proceed with charges, it must be proven that a child understood their actions were seriously wrong – not just against the rules or illegal. Yet the allegations against the teenager were deemed so serious, that she was refused bail twice.

Jewish Community Council of Victoria CEO Naomi Levin told The AJN, “The response of courts does not provide any comfort to those who were impacted that day. The JCCV strongly believes in educating all Victorian young people with upstander education, with critical thinking skills and with a better understanding of who Jewish people are. Without education, we will not see a shift in community attitudes towards Jewish people.”

While Zionist Federation of Australia CEO Alon Cassuto remarked, “In the midst of an explosion of antisemitism in Australia, now the subject of a Royal Commission, our community will understandably be deeply concerned that authorities appear unable to prosecute a teenager accused of violently targeting Jews.

“While protections for children matter, the law must also be fit for purpose in dealing with alleged violent hate-motivated conduct.  There must be clear consequences for violent antisemitism. Authorities cannot allow gaps in the law to embolden others who may seek to target Jewish Australians.”

The AJN asked Victoria Police why the matter was not tested in court to which a Victoria Police spokesperson stated, “We understand the concern these incidents have caused in the community, especially for members of the Jewish community.  The charges were withdrawn because the police prosecution was unable to rebut the legal presumption that a child aged 13 and under is incapable of committing a criminal offence. This is a high legal threshold that requires the prosecution to prove the child knew their conduct was seriously morally wrong.”

Victoria’s Opposition Leader Jess Wilson MP said it was “shocking” that the charges were dropped. “My promise to you is this: a government I lead will fix this, and make sure it never happens again. We will introduce adult time for adult crime laws, a tougher bail system, put 3,000 more cops on the beat and invest in early intervention to keep young people out of the justice system altogether,” she stated.

Victoria’s Deputy Opposition Leader and Caulfield MP David Southwick added the case showed there was “no justice system in Victoria”.
“Our justice system is broken and this is another example of it. Particularly at the time when we’ve got a royal commission looking at antisemitism, we have a situation where a young person is let off for going around hunting Jews, trying to Google where they live,” Southwick said.
He commented it was “completely ridiculous” the girl was able to “Google the punishment but be too young to fit the punishment”.

A Victorian Government spokesperson condemned antisemitism stating to The AJN, “This behaviour is disgraceful and our thoughts remain with the victims.  There is no place for antisemitism in our state, and we stand shoulder to shoulder with the Jewish community against acts of hate and division.

“Victorians expect serious consequences for serious crimes – which is why we’ve introduced the toughest bail laws in Australia, Adult Time for Violent Crime, and more powers for Victoria Police. There are no easy solutions to youth crime, but community safety comes first which is why there are serious consequences for violent offending.”

A number of disturbing cases in Victoria have seen charges dismissed over doli incapax including in relation to the fatal stabbing of 16-year-old Declan Cutler in March of 2022, where a 13-year-old captured on CCTV stomping on Cutler’s head repeatedly while others stabbed him had doli incapax applied.  Declan’s mother Sam Cutler commented to the media, “I strongly (believe) youth crime is out of control and there is not sufficient punishment for these kids who keep offending”.