Armed teens left Ben and his family terrified. But he doesn’t want them jailed for longer

3 months ago 18

Families targeted by violent home invasions say teenage criminals should be put to work on farms or roads instead of jailed long-term. But the government has defended its harsh new sentencing regime from accusations the planned changes breach international obligations to the rights of the child.

Premier Jacinta Allan on Thursday further announced a new offence for recruiting a child to commit aggravated crimes would attract life imprisonment. The maximum penalty for the existing crime of recruiting a child to commit a violent offence would also increase from 10 to 15 years.

Ben Mansfield’s family home in Armadale was targeted last year.

Announcing the further reform, Allan said: “Children are getting exposed to shocking violence online every day. Without firm boundaries at home and school, some become targets for organised crime gangs who pull them into a world of violence. It’s a tragedy for those kids, and even more so for the innocent people they harm.”

The government had earlier unveiled its proposal for children as young as 14 to be sentenced as adults, drawing a wave of condemnation from human rights and legal experts.

Victims of youth crime also expressed scepticism about the plan with some not convinced jailing children for longer is the answer.

Ben Mansfield and his family remain traumatised after a terrifying home invasion last year. At around 4am, an armed 14-year-old and 17-year-old entered their Armadale home, stealing a $200,000 car and $100,000 in jewellery. The 17-year-old received eight months in youth detention; the 14-year-old got probation.

Victorian Premier Jacinta Allan (centre), flanked by Attorney-General Sonya Kilkenny (right) and Corrections Minister Enver Erdogan, announcing plans to sentence children as adults on Wednesday.

While Mansfield believes offenders need to face consequences, he warned against expanding the prison pipeline without thinking through the long-term impact.

“Unfortunately when they go into the system, the statistics prove they stay in the system,” Mansfield said. “To solve any type of social issue, yes there needs to be short-term measures, but this is not addressing the problem in the longer term.”

He argued parents should be held responsible, suggesting alternative consequences for both children and their parents could be working on government projects – such as fixing roads.

Mansfield said the government had to be more open and willing to discussing systemic solutions.

Adele Andrews from Black Rock was also sceptical of the proposed changes, questioning if police, courts or prisons were “adequately resourced” to manage the reforms.

Her home was broken into in March by machete-wielding youths. She was unsure if prison was the best place for children and suggested alternatives like working on farms.

The proposed laws would move children charged with serious offences – such as aggravated home invasion, carjacking, and intentionally or recklessly causing injury in circumstances of gross violence – to adult courts, allowing them to face much longer sentences.

Sentences in the Children’s Court are limited to three years for any single offence while adult courts can impose 20 to 25 years for similar crimes.

The proposal would also increase the maximum penalty for aggravated home invasion and carjacking from 25 years to life imprisonment.

Victorian Aboriginal Legal Service chief executive Nerita Waight said the proposed changes would disproportionately affect Aboriginal children.

“Shame on this government, shame on the premier and shame on this cabinet for allowing your leader to push this agenda on our kids,” Waight said.

“Victoria is a cruel and unforgiving state … it is only a matter of time until we are mourning the loss of a child at the hands of the state.”

Human Rights Law Centre associate legal director Monique Hurley said the Allan government was imitating the Queensland LNP government’s youth justice laws “in an alarming race to the bottom”.

Victoria Legal Aid criminal law executive director Kate Bundrock said it ignored root causes, would increase recidivism and disconnect young people from education and their communities.

Police Association Victoria secretary Wayne Gatt said the government was moving in the right direction, but warned that the government must not compromise the effectiveness of the reforms to validate “minority views”.

“There will be plenty of stakeholders lining up to tell the government that they’ve got it wrong,” Gatt said.

Opposition Leader Brad Battin said it was offensive the government would write a press release and print a corflute when the bill had not even been drafted.

“This highlights the absolute shit the government feeds the community,” he said.

The Allan government has been dogged by a wave of violent youth crime, including the stabbing deaths of 12-year-old Chol Achiek and 15-year-old Dau Akueng, and heavily criticised by the opposition as weak on crime.