Prosecutors appeal against sentence of teen who kicked cop

Prosecutors have appealed against the sentence given to a teenage boy who kicked a policeman in the head at a Melbourne shopping centre in December.

The 17-year-old boy was sentenced to a nine-month probation order without conviction in the Children’s Court last month.

The boy, who can’t be identified for legal reasons, had pleaded guilty to assaulting the senior constable at Maribyrnong’s Highpoint shopping centre in Melbourne’s inner west on Boxing Day.

The injured officer, a five-year veteran of the force, was taken to hospital following the assault. 

Victoria’s prosecutions authority has appealed against the sentence given to a teenager who kicked a senior constable (pictured)  in the head on Boxing Day

The boy, who can't be identified for legal reasons, had pleaded guilty to assaulting the officer at Maribyrnong's Highpoint shopping centre

The boy, who can’t be identified for legal reasons, had pleaded guilty to assaulting the officer at Maribyrnong’s Highpoint shopping centre

On Friday, the DPP revealed it would appeal the sentence.

‘The Acting Director of Public Prosecutions has lodged an appeal against the sentence imposed on a teenager for assaulting a police officer at a shopping centre in Melbourne’s west,’ a statement on its website states.

‘The teenager pleaded guilty in the Children’s Court to one charge of assaulting police and a single charge of intentionally causing injury. He was sentenced by the Court in January to a nine-month probation order, without conviction. The Acting DPP, Gavin Silbert QC, has appealed the sentence imposed to the County Court on the basis that it is manifestly inadequate.’

The appeal will be dealt with by the County Court.

Victoria’s police union recently criticised the punishment given to the teen.

‘The outcome probably doesn’t meet with the expectations of our members and a few people in the community will rightly question this,’ Police Association Secretary Wayne Gatt said at the time.

Many Boxing Day shoppers witnessed the assault of the police officer, which was captured on CCTV footage

Many Boxing Day shoppers witnessed the assault of the police officer, which was captured on CCTV footage

'The Acting DPP, Gavin Silbert QC, has appealed the sentence imposed to the County Court on the basis that it is manifestly inadequate,' the DPP has stated

‘The Acting DPP, Gavin Silbert QC, has appealed the sentence imposed to the County Court on the basis that it is manifestly inadequate,’ the DPP has stated

The assault happened at Maribyrnong's Highpoint shopping centre in Melbourne's inner west

The assault happened at Maribyrnong’s Highpoint shopping centre in Melbourne’s inner west

‘One of our members was simply out there arresting a shoplifter when he was subjected to an unprovoked, violent attack, kicked in the face.’ 

Mr Gatt was disappointed a criminal conviction was not recorded against the teen. 

‘An unprovoked attack on a police officer in Victoria is serious and it should be met with a conviction,’ he said. 

At the time, the state’s Attorney-General Martin Pakula defended the court’s decision but said he could understand the police union’s disappointment. 

‘But I don’t think any one decision gives you a complete story of what’s going on in our youth justice system,’ he said.



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