$200 fine for ‘vicious’ attack
SHE fears crowds, feels exposed without a male escort, has a scar under her left eye and is still waiting for her long blonde hair to grow back after it was ripped from the roots.
This is violent crime victim Emma Guy’s daily reality while her attacker’s District Court appeal heard in Warwick yesterday was successful to erase the vicious assault from her criminal history.
The 17-year-old female – who cannot be named as she was 15 at the time of the attack – previously pleaded guilty to assaulting Emma and appealed the Warwick Magistrates Court’s decision to record a conviction against her.
The assault occurred at an end-of-exams party at Loch Lomond in November last year.
Described as a “vicious, nasty and prolonged attack” by the teen’s defence barrister Robbie Davies said his client showed “some but little remorse”.
Referred to as ‘S’ during the appeal hearing, Mr Davies said his juvenile client had taken “major steps to rehabilitate” by a change in social group since the attack, was employed and had relocated from New South Wales to a stable home with her mother in Queensland.
“She was a wild and free agent; not supervised,” the defence said.
“At the end of the day a 15-year-old child should be offered this opportunity not to have this (recorded criminal conviction) held against her.”
Mr Davies shared legal examples where “more serious offences, such as robbery and rape offences, against juveniles where convictions have not been recorded”.
Crown Prosecutor Sarah Klemm said no alcohol or drugs fuelled the assault but the juvenile was involved in another “like offence of assault” just five months before the Loch Lomond incident.
Judge Richard Jones overturned the Warwick Magistrates Court ruling to record a conviction and told the court how juvenile ‘S’ approached Emma on three separate occasions where “punches were thrown” at Emma’s face and she was “kicked in the face and stomach”.
The court heard the juvenile was ordered to pay $200 compensation and placed on six months probation under the Warwick Magistrates Court ruling.
Emma’s mother Deslie Guy was disgusted by what she said was a miscarriage of justice for her now 18-year-old daughter as a result of the successful appeal.
“What do people have to do for the law to step in? How bad do they have to be?” Mrs Guy said. “Emma has emotional and physical scars; she’s scarred for life.
“She doesn’t come home (to Warwick); she only goes to parties with boys who can protect her. The $200 didn’t even cover the cost to fix her hair; it (the crime’s impact) has cost us thousands.”