Detainee sues state over knife

WHEN a 16-year-old girl assaulted her mother with a knife, she was sent to juvenile detention.

She was just eight the first time she threatened her mother with a knife. She had also similarly threatened her foster carer, attacked a teacher and stabbed a fellow student. She appeared to have a fascination with knives, the Supreme Court heard yesterday.

Now 25, the woman is suing the state for allowing her access to the knife she used to kill a teacher, Scott Bremmer, in a cooking class at the Yasmar detention centre.

The court heard she was allegedly sexually abused as a child, had been assessed as retarded and suffering from intermittent explosive disorder. Since she was sent to Yasmar at 16, she has assaulted her solicitor, doctor, psychiatrist and two teachers, one of whom was attacked with a leather working tool in July 1999. Two days later, she was allowed to participate in the cooking class, despite staff allegedly raising concerns that she appeared "hyped up". Her handcuffs were removed and she was given cooking implements, including knives.

During a break, she allegedly showed "heightened interest in knives", and after returning to class, she fatally stabbed Mr Bremmer. She was charged, and eventually sentenced to a limiting term of 10 years under the Mental Health Act. She has been held in isolation for most of that time, has assaulted guards and tried to harm herself in custody.

Yesterday, in what Justice Stephen Rothman acknowledged was an unusual claim, the woman's foster mother began suing the state of NSW, on the girl's behalf, for compensation for her imprisonment. It was argued that government organisations knew she was violent, had a history of using knives and needed to be restrained. She was owed a duty to ensure she was adequately supervised and not given access to knives, her lawyers argue in their statement of claim. A psychiatrist found she failed to understand the offence or that it was wrong.

In 2001 the state pleaded guilty to breaching occupational health and safety rules at Yasmar in the supervision of the girl. It was fined $294,000. Staff training had since been changed, the court was told. The case continues.

Laws will push teenagers into adult prisons

TWELVE young offenders who have brought a court challenge against their transfer from juvenile to adult jails have been dealt a blow after the State Government rushed laws into Parliament that may ensure they are moved.

Seven were shifted to adult jails from juvenile detention centres in March and April soon after their 18th birthdays despite judges' orders that they serve their sentence in a juvenile facility until 21 because of special vulnerabilities.

The transfer of the other five to adult prisons was stopped after an injunction was sought and temporary agreement reached with the Department of Juvenile Justice.

The Minister for Juvenile Justice, Barbara Perry, last week introduced measures that will limit judges' sentencing powers in similar cases, subject the judges' orders to departmental review after six months, and let the department shift detainees to jail with less fear of legal challenge.

"It seems the Government is seeking to enact these changes as a direct response to the legal action taken by the young people," said Jane Sanders, principal solicitor at the Shopfront Youth Legal Centre.

Ms Perry denied the charge, saying the legislation was being planned well before any challenges to the Supreme Court were lodged.

For the past two years the department's director-general has had the power to move detainees to jail once they turned 18, irrespective of judges' orders.

Until this year the power was used only if the people were disruptive or a danger to younger detainees, and has never been legally challenged.

Juvenile justice advocates say severe overcrowding in the centres has prompted the new use of the transfer power.

The overcrowding is a result mainly of an earlier toughening of the Bail Act that has led to a huge increase in young detainees on remand.

The 12 detainees argue they have been denied procedural fairness, and the legitimate expectation they would serve their sentence in a juvenile detention centre. The first directions hearing was held on May 22. The full matter is not expected to be heard for four months.

Even if the youths win under the old laws, it is possible they could be returned to jail under the proposed changes to the Children (Detention Centres) Act and the Children (Criminal Proceedings) Act. Moving other youths will be made easier.

Although the youths are guilty of serious crimes such as armed robbery and sexual assault, all have exemplary conduct records in detention, psychologists' and counsellors' reports say.

Three were completing their HSC, three had completed year 10 in detention, and all had undertaken TAFE courses and weekly rehabilitation programs.

All but one were due for parole before their 21st birthday, although the transfers cast doubt over their release date, lawyers say.

Ms Sanders said sending young offenders to adult jail jeopardised their rehabilitation.

In introducing the measures, Ms Perry said: "I frankly query the benefit of a 21-year-old running down the clock in a juvenile facility when they are disinterested in mending their ways and diverting resources away from a 12-year-old who we might just have a chance of helping."

The shadow attorney-general, Greg Smith, accused the Government of "calling it quits" on rehabilitation. "This is just a cheap exercise by the Iemma Government to try and fix the problem of overcrowding," he said.

The shadow cabinet will decide on Tuesday whether to support the legislation.

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Juvenile jails crisis: inmates turned away
THE state's juvenile justice system is so overcrowded that at least three institutions are refusing to accept any more inmates.

Why you got stuck: Operation Avert
Police today revealed why thousands were stuck for more than four hours in a Sydney traffic jam yesterday while a shot was fired during a chase. It was all part of Operation Avert, a major three-day police action that led to 460 arrests, including more than 200 for outstanding warrants and 55 for breach of bail. Some 640 charges were laid.

Juvenile detainees sharing single cells
SEVERE overcrowding in the state's juvenile detention centres is forcing young people to share cells designed for one person, to sleep on mattresses on the floor and be held in "segregation" rooms usually used as punishment cells.

Juvenile jails crisis: inmates turned away

THE state's juvenile justice system is so overcrowded that at least three institutions are refusing to accept any more inmates.

A leap in the number of juvenile arrests has filled available cells, leaving nowhere to place young inmates.

Police were told on Friday not to bring any more offenders to Cobham, at Werrington in Sydney's west, Reiby (Campbelltown), Riverina (Wagga Wagga) and Keelong (Unanderra) juvenile justice centres.

Emergency accommodation plans were put into action so that the largest centre, Cobham, could remain open.

A spokesman for Juvenile Justice Minister Barbara Perry confirmed that several of the state's nine centres were overcrowded.

"Some centres are experiencing a spike in admissions as a result of extensive policing operations aimed at enforcing bail conditions and outstanding warrants," he said.

"The vast majority of detainees come from the Sydney metropolitan area.

"As the state's major facility at Werrington remains unaffected and is operating normally, minimal impact on policing is expected."

The spokesman said the Department of Juvenile Justice has new facilities coming on line to meet future accommodation demands.

Senior NSW police confirmed that local area commands had been warned about the lack of accommodation at the four institutions.

The surge in arrests comes after a statewide crackdown on juvenile crime, resulting in a record number of young offenders in custody.

More than 400 juveniles are in detention across the state.

Last night police were processing arrests from the final stage of a three-month operation - Vision Three - that targetted crime, vandalism and antisocial behaviour in and around the rail network.

At least 460 people were also arrested last weekend during a blitz on outstanding warrants.

Police Minister David Campbell said yesterday that officers were "ramping up their high-visibility operations".

"There are more police crime blitzes being planned and I expect the good results to continue," Mr Campbell said.

Related:

Why you got stuck: Operation Avert
Police today revealed why thousands were stuck for more than four hours in a Sydney traffic jam yesterday while a shot was fired during a chase. It was all part of Operation Avert, a major three-day police action that led to 460 arrests, including more than 200 for outstanding warrants and 55 for breach of bail. Some 640 charges were laid.

Juvenile detainees sharing single cells
SEVERE overcrowding in the state's juvenile detention centres is forcing young people to share cells designed for one person, to sleep on mattresses on the floor and be held in "segregation" rooms usually used as punishment cells.

Girl who bashed policeman walks free

A teenage girl accused of instigating a vicious beating of an off-duty police officer and his girlfriend on the Gold Coast has walked free from court.

Tiani Slockee, 18, had pleaded guilty to two counts of grievous bodily harm in the attack on Constable Rawson James Armitage and Michelle Renee Dodge at Coolangatta in November last year.

Slockee was the alleged ringleader of almost a dozen youths who kicked and punched the couple, inflicting severe bruising and lacerations.

Southport District Court Judge John Newton placed Slockee on two years' probation, noting she had already spent 91 days in custody.

Slockee and Harley Lee Trindall, 18, along with seven other minors who cannot be named, were all sentenced after pleading guilty.

The harshest sentence was reserved for Trindall, who punched Constable Armitage.

He was sentenced to nine months in jail.

The court had earlier been told of the viciousness of the bashing, which crown prosecutor Stuart Shearer likened to an animal attack.

Const Armitage's head was stomped on while he lay unconscious and Ms Dodge had tufts of her hair pulled out by teenage girls as she tried to call for help.

Judge Newton sentenced each of the accused separately, with Trindall the only person to be sentenced to jail time.

Two boys, aged 15 and 16, who both admitted kicking Const Armitage in the head, received sentences of 15 months to be served in a juvenile detention centre.

The other youths, including a 17-year-old boy and three girls aged between 14 and 17, were given varying punishments, including probation orders and hours of community service.

After a full day of hearing sentencing recommendations yesterday, Judge Newton directed his opening remarks today to the nine youths seated in his courtroom.

"You have all committed serious offences of violence against two members of the public," he told them.

"Yesterday, the learned crown prosecutor categorised your behaviour in very strong terms, with words `gutless', `cowardly' and so forth and indeed even your own advocates recognised the sickening nature of your conduct.

"Let me just say this, you have brought disgrace and shame on yourselves, your families and your peers by what you have done.

"You have absolutely nothing to feel proud of."

Slockee was the only one to make a comment as she walked from court with her grandmother, and said: "I am very, very sorry."

Gold Coast police acting Inspector Matt Rosevear, speaking on behalf of the victims, said Const Armitage had accepted the judge's ruling.

"He believes the sentences have been just and obviously the ruling by the judge is what we abide by," he told reporters.

A mother of one of the teenagers said they had all been deeply affected by the event.

"Kids become separate from their victims and once they heard what the victims went through they were incredibly sorry," she said.

"They're deeply sorry and I think this is going to change all of their lives."

Juvenile detainees sharing single cells

SEVERE overcrowding in the state's juvenile detention centres is forcing young people to share cells designed for one person, to sleep on mattresses on the floor and be held in "segregation" rooms usually used as punishment cells.

The Department of Juvenile Justice is shifting detainees who have turned 18 to adult jails despite judges' orders their sentences be served in juvenile detention until age 21 because of special circumstances that can include immaturity, mental health problems and rehabilitation prospects.

Some detainees have been unable to get a place in the centres' schools, and rehabilitation programs are under pressure, staff said.

A departmental spokesman admitted yesterday that some detainees had shared cells on mattresses as "a temporary measure to deal with unexpected surges" in numbers, and youths had been moved to adult jails.

Detainee numbers surged after the NSW Government's changes to the Bail Act in November as well as increased policing, the spokesman said.

Counsellors and lawyers are concerned that vulnerable young people and model detainees who have responded to rehabilitation will come to grief in adult jails.

"My fear is that you get high-risk young people who don't want to be moved into adult prisons becoming another death in custody - all for the sake of a friggin' bed," said Bradley Freeburn, a co-ordinator at the Aboriginal Medical Service.

The State Government amended a law two years ago to enable the department to override a judge's orders detaining young offenders after their 18th birthday. But until the overcrowding problems this year, these orders were countered only if youths were disruptive or a danger to other children, lawyers said.

"A lot of these young people are fodder from DOCS and a high number are Aboriginal kids, and now because of overcrowding they're being funnelled into the adult system," said a centre worker who could not be named.

Ten youths have been transferred this year, and staff said a further 20 are to be moved. A departmental spokesman said the offenders were adults who had committed serious offences including murder, sexual assault and armed robbery.

Andrew Haesler, the deputy senior public defender, has been asked to advise on whether legal challenges to the Supreme Court can be made in two cases to reverse or prevent transfers.

Confidential departmental information shows there were more children than beds in the system virtually every night last month with all nine centres consistently at overcapacity.