December 9th 2024.
A young girl, who was previously charged with murder, spoke out about her struggles with being confined to the same four walls every day. She pleaded for a chance to go outside, but unfortunately, her requests were denied. The Supreme Court approved an application to continue holding her in a secure facility for another six months.
This girl, who goes by the pseudonym WD, has been in secure accommodation since she was charged with the murder of a woman in a Footscray apartment at the young age of 12, back in November of 2023. The prosecutor later withdrew the murder charge in May, citing the presumption of doli incapax. This legal principle states that children under the age of 13 are not capable of understanding the severity of their actions and therefore cannot be convicted of a crime.
At present, WD remains under the care of the Secretary of the Department of Families, Fairness and Housing. The department applied for an extension of her placement and for police involvement in her medical appointments. The secretary's lawyer stated that the child's behavior has worsened recently, with reports of her assaulting staff at the facility. As a result, staff requested the assistance of Victoria Police during her medical appointments.
During the hearing, Justice James Elliott inquired about the possibility of the girl being released into the community, perhaps to a halfway house, to give her a chance to experience nature. He expressed concern about WD being confined to one place for such a long time, stating that she should have access to the outside world. However, the secretary's lawyer argued that her recent behavior and the risk she poses to the community make it too dangerous to release her at this time.
WD's lawyer also spoke in court, stating that he had met with her just the day before, and she expressed her frustration with waking up every day and seeing the same four walls. She longed to do the things her peers were doing, such as spending time together and going out. He also noted the significant shift in her life, from a lack of supervision to a strict and structured environment in secure housing. He emphasized the need to find a balance for her well-being.
Justice Elliot ultimately extended WD's placement in secure housing for another six months, citing the risk she poses to the community. He also approved police involvement in her medical appointments and stated that he would reconsider her requests for release when she returns to court in June of 2025. He acknowledged WD's steady progress despite recent setbacks.
In a previous report by Victoria's Commissioner for Children and Young People, it was stated that WD's case exposed major failures in the system. She had repeatedly been let down by the state, with missed opportunities in various aspects of her life, including mental health, disability support, and the justice system. This serves as a reminder of the importance of providing proper care and support for vulnerable children.
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