A 12-year-old girl who inflicted serious violence on another child has left health professionals and an experienced judge flummoxed.
The girl appeared in the Dunedin Youth Court yesterday, where Judge Dominic Flatley made wide-reaching suppression orders incorporating the facts of the case which even extended to the charge she faced.
The sentencing came a year after the incident in which the victim sustained "life-long" injuries, though the nature of those injuries cannot be reported.
While several clinicians had spoken to the girl, none were able to definitively say what was behind the incident.
"I’ve been a Youth Court judge for 18 years, so I come at this with a degree of experience," Judge Flatley said.
"This has been one of the most difficult and confusing cases for me," he said.
"We’ve tried to unpack what happened and why, and that has been a very difficult process."
Despite that, the girl admitted the offending at an early stage and had shown remorse, the court heard.
The judge imposed six months of supervision with activity (allowing her to attend any programme as directed, under the scrutiny of Oranga Tamariki), to be followed by six months’ supervision.
Youth advocate Brian Kilkelly said the girl was committed to therapy and the ultimate aim was her transition back to her family.
Because of her age and the specific charge, legislation dictated the matter could not be transferred to the district or high court.
Crown counsel Richard Smith said while there might be some surprise in the community as to how the girl was dealt with, he stressed the court was bound by the legislation and principles of Youth Court.
The judge said the year she had spent away from her family, mostly in secure residences, was already significant punishment.
"What you did was really really serious ... and it was really wrong," he said.
"While there’s no obvious reason for the offending - and that’s caused some concern - and no identified mental illness, there are clearly some underlying and simmering issues impacting on your emotional and psychological wellbeing," Judge Flatley said.
The court will receive a progress report after the first six months of the sentence, which will be considered in structuring the remaining six months.
rob.kidd@odt.co.nz
Court reporter
