12yo’s DV order dismissed

A 12-year-old boy who allegedly kneed, slapped and choked his 12-year-old girlfriend, and hit her with his scooter and a broom handle, has had a court application for a domestic violence order dismissed.

The incidents unfolded in Mount Isa on Valentine’s Day 2022, when the boy allegedly committed common assault on the 12-year-old girl.

He allegedly kneed her to her lower body, pushed her to the ground and pinned her on the floor.

Later he allegedly hit her with his scooter, hit her on the back and slapped her face. Another time he allegedly hit her with a broom handle and choked her with a jumper.

The boy was charged with those offences and others including dangerous operation of motor vehicle, and by April 26, 2022, when a magistrate accepted that the boy “SK” was in a “couple relationship” with his then 12-year-old “girlfriend”, he had been in custody for 98 days.

The magistrate made a protection order under the

Domestic and Family Violence Protection Act.

SK’s lawyer appealed that decision on a number of grounds, with Judge Dean Morzone KC recently releasing his decision on the matter.

Judge Morzone found the magistrate could not make the order in the first place because he made it after sentencing the boy, the relationship between the children lacked the maturity of a couple relationship under the Act, the order was not desirable or necessary, and finally the boy was not represented properly in court.

Judge Morzone found the boy was not given fairness in the court in that he did not have a guardian present and was not given reasonable opportunity to be heard.

“I estimate that the child had barely five minutes with the duty lawyer via the video-link between the courtroom and the youth detention centre,” Judge Morzone wrote.

He also queried the nature of the relationship between the 12-year-olds, writing that at best it could be described as “puppy love”.

As well as the domestic violence order not being necessary or desirable, Judge Morzone found that the magistrate did not provide good enough reasons or evidence to make the protection order in the first place.

The court had heard that the girl had told police the two did not have intercourse, but they were “loved up”.

She said that meant hugging and kissing, they referred to each other as girlfriend and boyfriend, and he often gave her piggybacks.

Judge Morzone ruled that the evidence “at its highest falls well short of mature”, that it lacked emotional intimacy and a commitment to a future together.

While the offences might have merited a domestic violence order in someone older, being “loved up”, piggybacking and calling each other boyfriend and girlfriend did not make for a mature relationship, he said.

Judge Morzone allowed the appeal, set aside the protection order and temporary protection order and dismissed the application for a domestic violence order.