Tried as an adult - offence happened when a child

stui magpie · Posted: Mon Nov 30, 2015 6:58 pm

I was reading today about the Majak Dawe Rape trial.

I'm making no comment about the actual case, just this one element which intrigues me as to how it works.

The alleged offence occurred when Dawe was 16. Legally a child. (So was the girl, at 15)

The passing of time between the incident and the trial means that he is now being tried as an adult for an alleged offence that occurred when he was a child.

If he had of been charged at the time, it may have been tried in a juvenile court, his name suppressed, and any sentence would have taken into account his age amongst a whole lot of other factors and it would have been unlikely he would have done time in an adult gaol.

So now he's being tried as an adult in the county court, how would it work if he was found guilty? How much would his age at the time come into play on sentencing?

Tannin · Posted: Mon Nov 30, 2015 7:02 pm

I wouldn't have thought that was even possible. It certainly shouldn't be possible. Something wrong here.

stui magpie · Posted: Mon Nov 30, 2015 7:07 pm

That's what intrigued me. If charged, he has to be tried somewhere and I guess you can't trie a bloke in his mid 20's in the children's court, so the County Court it is. Just curious how it would work out?

Morrigu · Joined: 11 Aug 2001

I wondered that as well Confused

And why is her name suppressed and his not given that they were both minors at the time? That doesn't seem fair at all!

Where is P4S by the way....

On another note totally irrelevant and probably inappropriate - he is a seriously good looking lad Embarassed

David · I dare you to try Joined: 27 Jul 2003 Location: Andromeda

I would hope the sentencing, if it gets to that stage, would reflect his age at the time of the offence. But not sure of the logistics of, say, putting an adult in juvenile detention. I presume a minor sentenced after their 18th birthday would have their sentences commuted to an adult prison.

stui magpie · Posted: Mon Nov 30, 2015 8:17 pm

If he gets a custodial sentence it would have to be in an adult gaol now, which wouldn't have happened if the case was tried at the time.

It's n interesting anomaly in the system, or so it seems on the surface.

Tannin · Posted: Mon Nov 30, 2015 8:51 pm

Morrigu · Joined: 11 Aug 2001

HAL · Posted: Mon Nov 30, 2015 8:53 pm

When was this exactly?

stui magpie · Posted: Mon Nov 30, 2015 9:14 pm

think positive · Side By Side Joined: 30 Jun 2005 Location: somewhere

So what caused the delay in charging him?

David · I dare you to try Joined: 27 Jul 2003 Location: Andromeda

It's a good question. Some of these cases take ages to get resolved ��part of it may be that the plaintiff didn't come forward straight away, but otherwise it just seems like an extraordinarily time-consuming process. There has to be a better way, you'd think.

Culprit · Joined: 06 Feb 2003 Location: Port Melbourne

Culprit · Joined: 06 Feb 2003 Location: Port Melbourne

A case based on hearsay from many moons ago, she said, he said. It should not have even got to court. It's a waste of police and judicial resources. I would go further and suggest that had he not been a Sudanese AFL Footballer this would never have made a headline let alone a charge.

Morrigu · Joined: 11 Aug 2001