Grayling

A 14 year old girl has been charged with attempted murder by giving two boys Brownies laced with hosehold chemicals.

The chemicals have not been specified but, according to the ABC the boys did not ingest enought to do much harm. The details are still a bit sketchy

Is this a case of attempted murder or a lesser charge? I thought that attempted murder may be a bit over the top.

http://www.news.com.au/national/girl...-1226490374673

I may change my view when further details emerge

Any thoughts?

Zen10

Depends on various factors but if she thought it would kill them and it was her intention to do so then it is attempted murder. I believe doli incapax in Queensland is under 14 - is that inclusive of 14? I suppose she can be charged with it under provisions of the 1992 act.

Grayling

We don't know that yet

I wonder if she realised how serious an act this was or if it was a fit of teenage temper....given that the ages of the two boys are similar to her

Zen10

I think it would hinge on intention and her capacity to understand the potential effect of what she was doing. The prosecution will be trying to demonstrate she knew what would happen and intended to kill, and the defence will of course counter that. As you say we don't know any details at all. There might even be mitigating circumstances.

ukecadet

Need more details but my thoughts at this stage are a stupid prank by a child.
Here's one for you though.
I was in the criminal courts last week and this came up before the Beak.
A woman who suffers from alcohol abuse returns to her hostel to find a takeaway that she had left in the communal fridge has been eaten by another patron.
She grabs a knife and goes to stab him in the groin.She misses.Then she stabs him in the heart.He's taken to hospital and treated.Apparently it was a none life threatening injury.
So what's the sentence going to be?
Now remember to be kind because this 'poor woman' was under the influence.

Grayling

That was my initial thought.

Things may change as more details emerge.

Zen10

Case law never ceases to amaze. Being drunk is no defence, so essentially she just stabbed someone through the heart. Stabbing someone in the groin is life-threatening as well. But if her intention was not to kill and it was not premeditated then I would suggest at least GBH. I've no idea what sentence that would attract.

ukecadet

How does 180 hours unpaid community work sound to you.
My simple mind boggles.

Scubaemma

Yeah in QLD you can't be criminally responsible under 10 years, and requisit capacity must be established between 10 and 14. At 14 and over and you're all good.

dreadsoc

Provided you are sane? And capable of having 'mens rea' ?

Dread - x

Scubaemma

Well yes, depending on many things! I was just talking about the age of criminal responsibility.

Zen10

Thanks scubaemma! I guess that is why she got charged.

Zen10

If she had defrauded the council out of $500 it would be a different story.

Scubaemma

The punishment people receive in court frequently astounds me! (and not in a good way!)

ukecadet

You probably see that kind of outcome time and time again.It was a first for me and a huge eye opener.I was in court for the day hoping to see the guy that broke into my trailer.
Everyone that day apart from one guy were either given community service or a fine.And they all got treatment for anger management or drug/alcohol abuse.
Hats off to you Emma.I couldn't do policing it would frustrate the hell out me.