Entries by category: Young People

Nov
2

Bail and Juvenile Justice

'Bail Me Out: NSW young offenders and bail' has been produced by the Youth Justice Coalition.  This research examined 145 cases before the Children's Court.  It describes the links between homelessness, policing practices and community resources and the young offender's breaching of bail conditions.

'Breach of Bail and Juvenile remand and crime' and 'Trends in bail and sentencing outcomes' are earlier blog posts that will link you to other research that has been done on this issue.

If you have a reader's card for the State Library of NSW, you can find more articles in the media on Proquest ANZ Newsstand dealing with bail.  These include:

  • 'Juvenile justice: responding to Australia's children and young people in trouble with the law' by Jenny Bargen, (2008)  92 Reform (Winter) 28-32, 72, and
  • 'Law and order 2008: a very tough new world' by Dennis Miralis, (2008) 64 (3) Law Society Journal (April) 60-63.

 

Jun
29

Burn - crime prevention program on group offending - a film

Legal Aid NSW have recently launched an interactive website called Burn which includes a short film and teaching resources and links to legal information focussing on group offending such as "rolling". 

Burn follows the events that unfold when what begins as a typical evening for a group of teenage boys in Sydney takes a turn for the worse.  Cruising aimlessly around the suburbs in a car they have borrowed from a cousin, the boys find themselves involved in a series of random incidents.  When one of the boys spots an opportunity to get some quick cash, things suddenly spiral out of control.

This film carries an M (Mature Audience) rating and is recommended for young people 15 years and over.  It includes coarse language and some low level depictions of violence and drug use. 

This film could be used by Legal Studies teachers in Year 11 if looking at young people or in Year 12 as a part of Crime.  There are useful links on the website to information about the right to silence, police interviews, the children's court, robbery offences, group assaults, joint criminal assaults and other topics.  The teaching resources include a detailed background paper. 

This short film will raise discussion about young people in groups and their behaviour in public places.  There are suggested activities to do in class to get students to think about legal concepts, the responsibility of each character involved, the crime of "rolling" (groups of youths intimidating people into handing over cash, mobile phones and watches etc) and how the police will treat each participant - and that each will be charged with a criminal offence.

Jun
25

Bullying in Schools - a legal response

Photo from the State Library's collection of photographs in a set titled "School Time".

It is the hope of every parent that the school environment is a safe place for their child.  Unfortunately, this is not the experience of every child attending school in NSW.

 

 

Justice Fullerton of the NSW Supreme Court has handed down a decision Gregory v State of New South Wales (2009) NSWSC 559 concerning a former student of Farrar Agricultural High School in which damages of over $468,000 have been awarded to him for the extensive bullying he endured during the years he was a student at the school.  A SMH article provides a useful summary of this decision.

David Gregory wanted compensation for the mental harm he suffered as an adolescent as a result of being subjected to bullying and other generalised mistreatment by fellow students at Farrer Memorial Agricultural High School.  The question of the duty of care owed by the school, and the Department of Education and Training was raised and  discussed by the judge, who in detail outlines his experience at the school and events that occurred after this time.

There are many types of bullying that can happen to young people, particularly at school.  The Australian Institute of Criminology have explored this issue extensively over the last few years and more recently have addressed another form of bullying that has emerged - cyber bullying. 

If you have a State Library Reader's card, you will have access to AGIS Plus, a database of full text magazine and journal articles relating to the law.  If you type in "bullying and schools", you will find several articles, including the following useful analysis:  "The supposed safe haven of schools: bullying and the law" by Penelope Watson (2003) 57 (June) Plaintiff 17-22.  This article highlights the different options an individual has in remedying a "wrong" done to them.  Whether it be the criminal law or the law of tort which is the avenue that David Gregory pursued years after the events occurred.

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