logo
'Disturbing rise': charges over child-like sex dolls bound for Hunter

'Disturbing rise': charges over child-like sex dolls bound for Hunter

The Advertiser21-07-2025
THREE Hunter men are due to face court on charges related to child-like sex dolls in what Australian Border Force has branded "a disturbing rise in attempted importations".
The authority said it had taken action on seven warrants since 2024 related to the trade.
In October last year, officers stopped an air cargo consignment intended for a Cooranbong address on suspicion it contained a child-like sex doll. A month later, they searched a residential premises and arrested a 63-year-old man.
In April, officers identified one of the dolls in a consignment declared as containing a silicone doll. A 49-year-old man was arrested in May this year after they searched a rural premises north of Scone.
Last month, officers intercepted another doll bound for a residence in Whitebridge. A 55-year-old man was arrested and charged following a search of the property.
The three men were charged with breaching the Customs Act 1901. If convicted, they face maximum penalties of a $782,500 fine, 10 years in jail or both.
Australian Border Force Inspector Michael Mahony said the arrests were "just a few examples" of the intelligence and investigations officers were conducting.
"Dolls that normalise child exploitation are far from a victimless crime and they have no place in the Australian community," Inspector Mahony said.
"The ABF is resolute in its commitment to seize any and all forms of abhorrent child abuse material at the border and ensure those responsible are prosecuted."
THREE Hunter men are due to face court on charges related to child-like sex dolls in what Australian Border Force has branded "a disturbing rise in attempted importations".
The authority said it had taken action on seven warrants since 2024 related to the trade.
In October last year, officers stopped an air cargo consignment intended for a Cooranbong address on suspicion it contained a child-like sex doll. A month later, they searched a residential premises and arrested a 63-year-old man.
In April, officers identified one of the dolls in a consignment declared as containing a silicone doll. A 49-year-old man was arrested in May this year after they searched a rural premises north of Scone.
Last month, officers intercepted another doll bound for a residence in Whitebridge. A 55-year-old man was arrested and charged following a search of the property.
The three men were charged with breaching the Customs Act 1901. If convicted, they face maximum penalties of a $782,500 fine, 10 years in jail or both.
Australian Border Force Inspector Michael Mahony said the arrests were "just a few examples" of the intelligence and investigations officers were conducting.
"Dolls that normalise child exploitation are far from a victimless crime and they have no place in the Australian community," Inspector Mahony said.
"The ABF is resolute in its commitment to seize any and all forms of abhorrent child abuse material at the border and ensure those responsible are prosecuted."
THREE Hunter men are due to face court on charges related to child-like sex dolls in what Australian Border Force has branded "a disturbing rise in attempted importations".
The authority said it had taken action on seven warrants since 2024 related to the trade.
In October last year, officers stopped an air cargo consignment intended for a Cooranbong address on suspicion it contained a child-like sex doll. A month later, they searched a residential premises and arrested a 63-year-old man.
In April, officers identified one of the dolls in a consignment declared as containing a silicone doll. A 49-year-old man was arrested in May this year after they searched a rural premises north of Scone.
Last month, officers intercepted another doll bound for a residence in Whitebridge. A 55-year-old man was arrested and charged following a search of the property.
The three men were charged with breaching the Customs Act 1901. If convicted, they face maximum penalties of a $782,500 fine, 10 years in jail or both.
Australian Border Force Inspector Michael Mahony said the arrests were "just a few examples" of the intelligence and investigations officers were conducting.
"Dolls that normalise child exploitation are far from a victimless crime and they have no place in the Australian community," Inspector Mahony said.
"The ABF is resolute in its commitment to seize any and all forms of abhorrent child abuse material at the border and ensure those responsible are prosecuted."
THREE Hunter men are due to face court on charges related to child-like sex dolls in what Australian Border Force has branded "a disturbing rise in attempted importations".
The authority said it had taken action on seven warrants since 2024 related to the trade.
In October last year, officers stopped an air cargo consignment intended for a Cooranbong address on suspicion it contained a child-like sex doll. A month later, they searched a residential premises and arrested a 63-year-old man.
In April, officers identified one of the dolls in a consignment declared as containing a silicone doll. A 49-year-old man was arrested in May this year after they searched a rural premises north of Scone.
Last month, officers intercepted another doll bound for a residence in Whitebridge. A 55-year-old man was arrested and charged following a search of the property.
The three men were charged with breaching the Customs Act 1901. If convicted, they face maximum penalties of a $782,500 fine, 10 years in jail or both.
Australian Border Force Inspector Michael Mahony said the arrests were "just a few examples" of the intelligence and investigations officers were conducting.
"Dolls that normalise child exploitation are far from a victimless crime and they have no place in the Australian community," Inspector Mahony said.
"The ABF is resolute in its commitment to seize any and all forms of abhorrent child abuse material at the border and ensure those responsible are prosecuted."
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Perv sentenced after spying on women
Perv sentenced after spying on women

Perth Now

time13 hours ago

  • Perth Now

Perv sentenced after spying on women

A Chilean who used a tiny camera to spy on women showering has been told Australia 'doesn't want him here'. Luis Alberto Cancino Mena recorded videos for months before the device was spotted by cleaners at a home in Sydney's Eastern Suburbs. Mena, 39, pleaded guilty to three separate charges of filming a person without their consent and appeared at Waverley Local Court on Wednesday where he was given a nine month intensive corrections order. Sentencing Mena, Magistrate Michael Barko said the impact of his crimes would cause anxiety for the victims for the rest of their lives. He said: 'Pornography is not illegal, but when innocent women get filmed without consent it beggars belief, it's a perversion, it has to be a perversion. 'These women for the rest of their lives are going to think, 'Are these images going to be shared on the World Wide Web?' 'The defendant at the time was here with the privilege of being allowed in this country, he's expressed the desire to return to his homeland of Chile. 'Quite frankly the Australian public doesn't want him here.' Luis Alberto Cancino Mena leaving Waverley Court on Wednesday after sentencing. NewsWire / Nikki Short Credit: News Corp Australia According to court documents, Mena's behaviour went undetected for months until cleaners stumbled upon the device in early February. 'The cleaners of the premises attended the location and begun cleaning as per the agreement in place. They were cleaning the bathroom before locating a recording camera device which was in the shape of a pen on the ground of the bathroom. The cleaner pulled apart the device and observed it to be recording,' court documents said. 'The storage device was accessed by the cleaners and they observed recording files of the victim with no clothes on taking a shower.' Police say one recording 'clearly shows the accused setting the camera up in the bathroom'. After arresting Mena, police seized the man's laptop where they found folders marked under the names of the victims. Footage taken from the hidden camera had been catalogued based on who it was recording, and was then placed into the folder allocated to that person. Luis Mena was sentenced to a nine month intensive corrections order. NewsWire / Nikki Short Credit: News Corp Australia In coming to his decision, Magistrate Barko noted the considerable effort Mena went to in buying the pen with a camera in it, getting the SIM card and downloading the footage, saying 'it's not as though you're picking up a box of chocolates from Woolworths'. He also queried the mindset of Mena, when pornography was easily accessible online. 'With all that's accessible on the internet, all that's accessible on social media, all that's accessible with the push of a button, why someone has to acquire a camera, to film the private parts … of three completely innocent victims,' he said. Mena must adhere to strict bail conditions including submitting to supervision by a Community Corrections Officer, or risk jail time. Magistrate Barko also handed Mena an AVO order prohibiting him from contacting the victims for two years.

Outback Wrangler star 'tampered with helicopter dash'
Outback Wrangler star 'tampered with helicopter dash'

The Advertiser

time14 hours ago

  • The Advertiser

Outback Wrangler star 'tampered with helicopter dash'

Reality TV star Matt Wright tampered with the dashboard of a helicopter after a fatal crash and falsely reported its fuel tank level, a jury has heard. The Outback Wrangler star's trial began on Wednesday, more than three years after Wright's mate and co-star Chris "Willow" Wilson died in the outback chopper crash that left pilot Sebastian Robinson a paraplegic. Wright has pleaded not guilty to three counts of attempting to pervert the course of justice following the February 2022 incident in the Northern Territory. The trial got underway in the Supreme Court in Darwin with crown prosecutor Jason Gullaci SC outlining his case to the jury. None of the charges related to the cause of the crash and it was not alleged Wright was responsible for it, the death of Mr Wilson or Mr Robinson's injuries, Mr Gullaci said. The Crown case was Wright did not properly record helicopter flying hours and was concerned that crash investigations would uncover that, leading to charges against him and his companies. The jurors were told part of the evidence would be covertly recorded conversations of Wright and others at his home and on his phone, using listening devices. Mr Wilson died doing something "incredibly brave", dangling from a helicopter to collect crocodile eggs along the King River in Arnhem Land, Mr Gullaci said. He and Mr Robinson were working for Wright to lawfully collect the eggs for sale to crocodile farms. On the day of the crash, Wright was aware there would be investigations by aviation safety authorities and NT Police, leading to possible charges, Mr Gullaci said. Wright was the chief pilot, CEO and head of flight operations at his company Helibrook, Mr Gullaci said. As holder of an air operating certificate he was required to abide by all Australian civil aviation regulations to ensure safe operations. The Robinson R44 helicopter had a maximum flying-hour threshold of 2200 hours, at which time an operator had to decide to retire the aircraft or give it an overhaul costing more than $400,000. The case was about Wright engaging in practices to not properly record flying hours, including evidence that Hobbs flight-time recording meters were deliberately disconnected, Mr Gullaci said. "If you don't properly record service hours, you put off the maintenance and service requirements. It's a way of extending the life of the aircraft." That meant the 2200-hour limit could be passed by hundreds of hours and that affected airworthiness, Mr Gullaci said. The prosecution case was Wright was aware his pilots routinely disconnected Hobbs meters and did not accurately record their flying hours in log books - to make sure the meters and log books matched. The jury was told they would hear covertly recorded conversations between Wright and his wife Kaia in which he said: "I don't write shit down ... I will be guilty of not keeping my paperwork up to speed." They would also hear from pilots that Wright regularly asked them not to record flying hours in their log books. Investigations concluded the crashed helicopter was likely over its 2200 hours and its Hobbs meter was not working, Mr Gullaci said. "The rules are it shouldn't have been flying." Wright immediately choppered to the crash site on the day and "played around with the dash", the Crown alleging he was trying to see if the Hobbs meter was disconnected," Mr Gullaci said. "From the outset he attempts to cover up previous rule-breaking." Wright said in a statutory declaration to police he had seen about half a tank of fuel in the crashed chopper. But covert recording of Mr Wright showed he did not believe that, saying on the phone, "I didn't see any f***ing fuel in the tank - zero", Mr Gullaci told the jury. Wright made the statutory declaration with intent to obstruct investigations and avoid suggestions the aircraft operated without adequate fuel or there was a fuel line problem, the prosecutor said. Reality TV star Matt Wright tampered with the dashboard of a helicopter after a fatal crash and falsely reported its fuel tank level, a jury has heard. The Outback Wrangler star's trial began on Wednesday, more than three years after Wright's mate and co-star Chris "Willow" Wilson died in the outback chopper crash that left pilot Sebastian Robinson a paraplegic. Wright has pleaded not guilty to three counts of attempting to pervert the course of justice following the February 2022 incident in the Northern Territory. The trial got underway in the Supreme Court in Darwin with crown prosecutor Jason Gullaci SC outlining his case to the jury. None of the charges related to the cause of the crash and it was not alleged Wright was responsible for it, the death of Mr Wilson or Mr Robinson's injuries, Mr Gullaci said. The Crown case was Wright did not properly record helicopter flying hours and was concerned that crash investigations would uncover that, leading to charges against him and his companies. The jurors were told part of the evidence would be covertly recorded conversations of Wright and others at his home and on his phone, using listening devices. Mr Wilson died doing something "incredibly brave", dangling from a helicopter to collect crocodile eggs along the King River in Arnhem Land, Mr Gullaci said. He and Mr Robinson were working for Wright to lawfully collect the eggs for sale to crocodile farms. On the day of the crash, Wright was aware there would be investigations by aviation safety authorities and NT Police, leading to possible charges, Mr Gullaci said. Wright was the chief pilot, CEO and head of flight operations at his company Helibrook, Mr Gullaci said. As holder of an air operating certificate he was required to abide by all Australian civil aviation regulations to ensure safe operations. The Robinson R44 helicopter had a maximum flying-hour threshold of 2200 hours, at which time an operator had to decide to retire the aircraft or give it an overhaul costing more than $400,000. The case was about Wright engaging in practices to not properly record flying hours, including evidence that Hobbs flight-time recording meters were deliberately disconnected, Mr Gullaci said. "If you don't properly record service hours, you put off the maintenance and service requirements. It's a way of extending the life of the aircraft." That meant the 2200-hour limit could be passed by hundreds of hours and that affected airworthiness, Mr Gullaci said. The prosecution case was Wright was aware his pilots routinely disconnected Hobbs meters and did not accurately record their flying hours in log books - to make sure the meters and log books matched. The jury was told they would hear covertly recorded conversations between Wright and his wife Kaia in which he said: "I don't write shit down ... I will be guilty of not keeping my paperwork up to speed." They would also hear from pilots that Wright regularly asked them not to record flying hours in their log books. Investigations concluded the crashed helicopter was likely over its 2200 hours and its Hobbs meter was not working, Mr Gullaci said. "The rules are it shouldn't have been flying." Wright immediately choppered to the crash site on the day and "played around with the dash", the Crown alleging he was trying to see if the Hobbs meter was disconnected," Mr Gullaci said. "From the outset he attempts to cover up previous rule-breaking." Wright said in a statutory declaration to police he had seen about half a tank of fuel in the crashed chopper. But covert recording of Mr Wright showed he did not believe that, saying on the phone, "I didn't see any f***ing fuel in the tank - zero", Mr Gullaci told the jury. Wright made the statutory declaration with intent to obstruct investigations and avoid suggestions the aircraft operated without adequate fuel or there was a fuel line problem, the prosecutor said. Reality TV star Matt Wright tampered with the dashboard of a helicopter after a fatal crash and falsely reported its fuel tank level, a jury has heard. The Outback Wrangler star's trial began on Wednesday, more than three years after Wright's mate and co-star Chris "Willow" Wilson died in the outback chopper crash that left pilot Sebastian Robinson a paraplegic. Wright has pleaded not guilty to three counts of attempting to pervert the course of justice following the February 2022 incident in the Northern Territory. The trial got underway in the Supreme Court in Darwin with crown prosecutor Jason Gullaci SC outlining his case to the jury. None of the charges related to the cause of the crash and it was not alleged Wright was responsible for it, the death of Mr Wilson or Mr Robinson's injuries, Mr Gullaci said. The Crown case was Wright did not properly record helicopter flying hours and was concerned that crash investigations would uncover that, leading to charges against him and his companies. The jurors were told part of the evidence would be covertly recorded conversations of Wright and others at his home and on his phone, using listening devices. Mr Wilson died doing something "incredibly brave", dangling from a helicopter to collect crocodile eggs along the King River in Arnhem Land, Mr Gullaci said. He and Mr Robinson were working for Wright to lawfully collect the eggs for sale to crocodile farms. On the day of the crash, Wright was aware there would be investigations by aviation safety authorities and NT Police, leading to possible charges, Mr Gullaci said. Wright was the chief pilot, CEO and head of flight operations at his company Helibrook, Mr Gullaci said. As holder of an air operating certificate he was required to abide by all Australian civil aviation regulations to ensure safe operations. The Robinson R44 helicopter had a maximum flying-hour threshold of 2200 hours, at which time an operator had to decide to retire the aircraft or give it an overhaul costing more than $400,000. The case was about Wright engaging in practices to not properly record flying hours, including evidence that Hobbs flight-time recording meters were deliberately disconnected, Mr Gullaci said. "If you don't properly record service hours, you put off the maintenance and service requirements. It's a way of extending the life of the aircraft." That meant the 2200-hour limit could be passed by hundreds of hours and that affected airworthiness, Mr Gullaci said. The prosecution case was Wright was aware his pilots routinely disconnected Hobbs meters and did not accurately record their flying hours in log books - to make sure the meters and log books matched. The jury was told they would hear covertly recorded conversations between Wright and his wife Kaia in which he said: "I don't write shit down ... I will be guilty of not keeping my paperwork up to speed." They would also hear from pilots that Wright regularly asked them not to record flying hours in their log books. Investigations concluded the crashed helicopter was likely over its 2200 hours and its Hobbs meter was not working, Mr Gullaci said. "The rules are it shouldn't have been flying." Wright immediately choppered to the crash site on the day and "played around with the dash", the Crown alleging he was trying to see if the Hobbs meter was disconnected," Mr Gullaci said. "From the outset he attempts to cover up previous rule-breaking." Wright said in a statutory declaration to police he had seen about half a tank of fuel in the crashed chopper. But covert recording of Mr Wright showed he did not believe that, saying on the phone, "I didn't see any f***ing fuel in the tank - zero", Mr Gullaci told the jury. Wright made the statutory declaration with intent to obstruct investigations and avoid suggestions the aircraft operated without adequate fuel or there was a fuel line problem, the prosecutor said. Reality TV star Matt Wright tampered with the dashboard of a helicopter after a fatal crash and falsely reported its fuel tank level, a jury has heard. The Outback Wrangler star's trial began on Wednesday, more than three years after Wright's mate and co-star Chris "Willow" Wilson died in the outback chopper crash that left pilot Sebastian Robinson a paraplegic. Wright has pleaded not guilty to three counts of attempting to pervert the course of justice following the February 2022 incident in the Northern Territory. The trial got underway in the Supreme Court in Darwin with crown prosecutor Jason Gullaci SC outlining his case to the jury. None of the charges related to the cause of the crash and it was not alleged Wright was responsible for it, the death of Mr Wilson or Mr Robinson's injuries, Mr Gullaci said. The Crown case was Wright did not properly record helicopter flying hours and was concerned that crash investigations would uncover that, leading to charges against him and his companies. The jurors were told part of the evidence would be covertly recorded conversations of Wright and others at his home and on his phone, using listening devices. Mr Wilson died doing something "incredibly brave", dangling from a helicopter to collect crocodile eggs along the King River in Arnhem Land, Mr Gullaci said. He and Mr Robinson were working for Wright to lawfully collect the eggs for sale to crocodile farms. On the day of the crash, Wright was aware there would be investigations by aviation safety authorities and NT Police, leading to possible charges, Mr Gullaci said. Wright was the chief pilot, CEO and head of flight operations at his company Helibrook, Mr Gullaci said. As holder of an air operating certificate he was required to abide by all Australian civil aviation regulations to ensure safe operations. The Robinson R44 helicopter had a maximum flying-hour threshold of 2200 hours, at which time an operator had to decide to retire the aircraft or give it an overhaul costing more than $400,000. The case was about Wright engaging in practices to not properly record flying hours, including evidence that Hobbs flight-time recording meters were deliberately disconnected, Mr Gullaci said. "If you don't properly record service hours, you put off the maintenance and service requirements. It's a way of extending the life of the aircraft." That meant the 2200-hour limit could be passed by hundreds of hours and that affected airworthiness, Mr Gullaci said. The prosecution case was Wright was aware his pilots routinely disconnected Hobbs meters and did not accurately record their flying hours in log books - to make sure the meters and log books matched. The jury was told they would hear covertly recorded conversations between Wright and his wife Kaia in which he said: "I don't write shit down ... I will be guilty of not keeping my paperwork up to speed." They would also hear from pilots that Wright regularly asked them not to record flying hours in their log books. Investigations concluded the crashed helicopter was likely over its 2200 hours and its Hobbs meter was not working, Mr Gullaci said. "The rules are it shouldn't have been flying." Wright immediately choppered to the crash site on the day and "played around with the dash", the Crown alleging he was trying to see if the Hobbs meter was disconnected," Mr Gullaci said. "From the outset he attempts to cover up previous rule-breaking." Wright said in a statutory declaration to police he had seen about half a tank of fuel in the crashed chopper. But covert recording of Mr Wright showed he did not believe that, saying on the phone, "I didn't see any f***ing fuel in the tank - zero", Mr Gullaci told the jury. Wright made the statutory declaration with intent to obstruct investigations and avoid suggestions the aircraft operated without adequate fuel or there was a fuel line problem, the prosecutor said.

Legal issues arise in the prosecution of a 13-year-old Chinese girl for murder
Legal issues arise in the prosecution of a 13-year-old Chinese girl for murder

The Advertiser

time14 hours ago

  • The Advertiser

Legal issues arise in the prosecution of a 13-year-old Chinese girl for murder

The prosecution of a 13-year-old Chinese girl for the stabbing murder of a fellow exchange student at Lake Macquarie will present extraordinary challenges for the state's justice system. The prosecution of a child, who is also a foreign national, for murder is believed to be unprecedented in Australian legal circles. "There are certainly examples of children being prosecuted for murder, but I have never heard of a Chinese girl in a situation like this. It's quite extraordinary," Professor John Anderson from the University of Newcastle's School of Law and Justice said. Australia's youngest killer, known as SLD, was convicted of killing three-year-old Courtney Morley-Clarke on the Central Coast in 2001 when he was just 13. He was released from prison in March this year after serving 22 years in custody. For children over the age of 10 and under the age of 14, the common law presumption of doli incapax (incapable of wrong) applies to criminal offences - that is, children do not possess the necessary criminal intent to be held responsible for their actions. This means the law presumes they cannot distinguish between right and wrong in a way that would make them legally culpable for a crime. This can be rebutted by the prosecution if it can prove beyond a reasonable doubt that the child understood their actions were seriously wrong. "If you look at the James Bulger case in England, those boys were 10 and 11 when they were prosecuted. There was a doli incapax argument raised in that case, but it was overcome," Professor Anderson said. "Prosecuting a 13-year-old does raise lots of other issues in the criminal system in terms of establishing criminal responsibility, but it's not impossible. Certainly, a 13-year-old can be criminally responsible. In addition to her age and nationality, the girl's fitness will be a further complication for prosecutors. Magistrate Andrew Eckhold noted that the girl, who can not be named, appeared to be"severely unwell" and was taking "an extraordinary number of medications" when the case was mentioned in Broadmeadow Children's Court on Wednesday. "Depending on what the mental health issues are, and if there is any psychiatric evidence, it then becomes a question of whether they (the defence) can raise the mental health defenses to murder, of which there are two - the mental illness defense or the defense of substantial impairment by mental abnormality, which is only available to murder, and would reduce murder to manslaughter if it was successful," Professor Anderson said. Ultimately, the case will be determined in the NSW Supreme Court. Newcastle-based lawyer Drew Hamilton said he believed that, given the recent push by NSW Chief Justice Andrew Bell to bring justice to the regions, there was a fair chance a future trial would be held in Newcastle. Specialist resources will also have to be provided to ensure the girl is appropriately represented. "As a Chinese foreign national and young person, she would be considered extremely vulnerable," Mr Hamilton said. "She would need additional assistance from an experienced legal team, qualified interpreters, juvenile justice officers and allied health professionals. If found guilty, further questions would arise as to whether the girl would serve her sentence in Australia or whether she could be transferred to China. "Australia does have prisoner exchange programs with certain countries, but I think it would go over to the Foreign Minister. That would bring in very different types of negotiations," Professor Anderson said. The prosecution of a 13-year-old Chinese girl for the stabbing murder of a fellow exchange student at Lake Macquarie will present extraordinary challenges for the state's justice system. The prosecution of a child, who is also a foreign national, for murder is believed to be unprecedented in Australian legal circles. "There are certainly examples of children being prosecuted for murder, but I have never heard of a Chinese girl in a situation like this. It's quite extraordinary," Professor John Anderson from the University of Newcastle's School of Law and Justice said. Australia's youngest killer, known as SLD, was convicted of killing three-year-old Courtney Morley-Clarke on the Central Coast in 2001 when he was just 13. He was released from prison in March this year after serving 22 years in custody. For children over the age of 10 and under the age of 14, the common law presumption of doli incapax (incapable of wrong) applies to criminal offences - that is, children do not possess the necessary criminal intent to be held responsible for their actions. This means the law presumes they cannot distinguish between right and wrong in a way that would make them legally culpable for a crime. This can be rebutted by the prosecution if it can prove beyond a reasonable doubt that the child understood their actions were seriously wrong. "If you look at the James Bulger case in England, those boys were 10 and 11 when they were prosecuted. There was a doli incapax argument raised in that case, but it was overcome," Professor Anderson said. "Prosecuting a 13-year-old does raise lots of other issues in the criminal system in terms of establishing criminal responsibility, but it's not impossible. Certainly, a 13-year-old can be criminally responsible. In addition to her age and nationality, the girl's fitness will be a further complication for prosecutors. Magistrate Andrew Eckhold noted that the girl, who can not be named, appeared to be"severely unwell" and was taking "an extraordinary number of medications" when the case was mentioned in Broadmeadow Children's Court on Wednesday. "Depending on what the mental health issues are, and if there is any psychiatric evidence, it then becomes a question of whether they (the defence) can raise the mental health defenses to murder, of which there are two - the mental illness defense or the defense of substantial impairment by mental abnormality, which is only available to murder, and would reduce murder to manslaughter if it was successful," Professor Anderson said. Ultimately, the case will be determined in the NSW Supreme Court. Newcastle-based lawyer Drew Hamilton said he believed that, given the recent push by NSW Chief Justice Andrew Bell to bring justice to the regions, there was a fair chance a future trial would be held in Newcastle. Specialist resources will also have to be provided to ensure the girl is appropriately represented. "As a Chinese foreign national and young person, she would be considered extremely vulnerable," Mr Hamilton said. "She would need additional assistance from an experienced legal team, qualified interpreters, juvenile justice officers and allied health professionals. If found guilty, further questions would arise as to whether the girl would serve her sentence in Australia or whether she could be transferred to China. "Australia does have prisoner exchange programs with certain countries, but I think it would go over to the Foreign Minister. That would bring in very different types of negotiations," Professor Anderson said. The prosecution of a 13-year-old Chinese girl for the stabbing murder of a fellow exchange student at Lake Macquarie will present extraordinary challenges for the state's justice system. The prosecution of a child, who is also a foreign national, for murder is believed to be unprecedented in Australian legal circles. "There are certainly examples of children being prosecuted for murder, but I have never heard of a Chinese girl in a situation like this. It's quite extraordinary," Professor John Anderson from the University of Newcastle's School of Law and Justice said. Australia's youngest killer, known as SLD, was convicted of killing three-year-old Courtney Morley-Clarke on the Central Coast in 2001 when he was just 13. He was released from prison in March this year after serving 22 years in custody. For children over the age of 10 and under the age of 14, the common law presumption of doli incapax (incapable of wrong) applies to criminal offences - that is, children do not possess the necessary criminal intent to be held responsible for their actions. This means the law presumes they cannot distinguish between right and wrong in a way that would make them legally culpable for a crime. This can be rebutted by the prosecution if it can prove beyond a reasonable doubt that the child understood their actions were seriously wrong. "If you look at the James Bulger case in England, those boys were 10 and 11 when they were prosecuted. There was a doli incapax argument raised in that case, but it was overcome," Professor Anderson said. "Prosecuting a 13-year-old does raise lots of other issues in the criminal system in terms of establishing criminal responsibility, but it's not impossible. Certainly, a 13-year-old can be criminally responsible. In addition to her age and nationality, the girl's fitness will be a further complication for prosecutors. Magistrate Andrew Eckhold noted that the girl, who can not be named, appeared to be"severely unwell" and was taking "an extraordinary number of medications" when the case was mentioned in Broadmeadow Children's Court on Wednesday. "Depending on what the mental health issues are, and if there is any psychiatric evidence, it then becomes a question of whether they (the defence) can raise the mental health defenses to murder, of which there are two - the mental illness defense or the defense of substantial impairment by mental abnormality, which is only available to murder, and would reduce murder to manslaughter if it was successful," Professor Anderson said. Ultimately, the case will be determined in the NSW Supreme Court. Newcastle-based lawyer Drew Hamilton said he believed that, given the recent push by NSW Chief Justice Andrew Bell to bring justice to the regions, there was a fair chance a future trial would be held in Newcastle. Specialist resources will also have to be provided to ensure the girl is appropriately represented. "As a Chinese foreign national and young person, she would be considered extremely vulnerable," Mr Hamilton said. "She would need additional assistance from an experienced legal team, qualified interpreters, juvenile justice officers and allied health professionals. If found guilty, further questions would arise as to whether the girl would serve her sentence in Australia or whether she could be transferred to China. "Australia does have prisoner exchange programs with certain countries, but I think it would go over to the Foreign Minister. That would bring in very different types of negotiations," Professor Anderson said. The prosecution of a 13-year-old Chinese girl for the stabbing murder of a fellow exchange student at Lake Macquarie will present extraordinary challenges for the state's justice system. The prosecution of a child, who is also a foreign national, for murder is believed to be unprecedented in Australian legal circles. "There are certainly examples of children being prosecuted for murder, but I have never heard of a Chinese girl in a situation like this. It's quite extraordinary," Professor John Anderson from the University of Newcastle's School of Law and Justice said. Australia's youngest killer, known as SLD, was convicted of killing three-year-old Courtney Morley-Clarke on the Central Coast in 2001 when he was just 13. He was released from prison in March this year after serving 22 years in custody. For children over the age of 10 and under the age of 14, the common law presumption of doli incapax (incapable of wrong) applies to criminal offences - that is, children do not possess the necessary criminal intent to be held responsible for their actions. This means the law presumes they cannot distinguish between right and wrong in a way that would make them legally culpable for a crime. This can be rebutted by the prosecution if it can prove beyond a reasonable doubt that the child understood their actions were seriously wrong. "If you look at the James Bulger case in England, those boys were 10 and 11 when they were prosecuted. There was a doli incapax argument raised in that case, but it was overcome," Professor Anderson said. "Prosecuting a 13-year-old does raise lots of other issues in the criminal system in terms of establishing criminal responsibility, but it's not impossible. Certainly, a 13-year-old can be criminally responsible. In addition to her age and nationality, the girl's fitness will be a further complication for prosecutors. Magistrate Andrew Eckhold noted that the girl, who can not be named, appeared to be"severely unwell" and was taking "an extraordinary number of medications" when the case was mentioned in Broadmeadow Children's Court on Wednesday. "Depending on what the mental health issues are, and if there is any psychiatric evidence, it then becomes a question of whether they (the defence) can raise the mental health defenses to murder, of which there are two - the mental illness defense or the defense of substantial impairment by mental abnormality, which is only available to murder, and would reduce murder to manslaughter if it was successful," Professor Anderson said. Ultimately, the case will be determined in the NSW Supreme Court. Newcastle-based lawyer Drew Hamilton said he believed that, given the recent push by NSW Chief Justice Andrew Bell to bring justice to the regions, there was a fair chance a future trial would be held in Newcastle. Specialist resources will also have to be provided to ensure the girl is appropriately represented. "As a Chinese foreign national and young person, she would be considered extremely vulnerable," Mr Hamilton said. "She would need additional assistance from an experienced legal team, qualified interpreters, juvenile justice officers and allied health professionals. If found guilty, further questions would arise as to whether the girl would serve her sentence in Australia or whether she could be transferred to China. "Australia does have prisoner exchange programs with certain countries, but I think it would go over to the Foreign Minister. That would bring in very different types of negotiations," Professor Anderson said.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store