Legal Eagle has a great post:
The objects of criminal law are deterrence, retribution, rehabilitation and keeping dangerous criminals out of society. On every level this charge is a BIG FAIL. In terms of retribution and deterrence, it’s seriously disproportionate, like using a bulldozer to catch a butterfly. The kid didn’t even commit the primary offence. In terms of rehabilitation, it is also terrible. Charging the kid is a great way to destroy the kid’s life forever. And then the aim of keeping dangerous criminals out of society – really, the police would be better off concentrating on people who impose harm on society rather than persecuting this poor kid.
If I were the Children’s Court judge hearing this, I’d make my thoughts on the matter very plain to the police prosecutor.
The worst thing is the racial subtext to this whole thing. Indigenous children are vastly overrepresented in gaols.
What the hell happened to the good old-fashioned stern talking-to from the local police? This kid is only 12, FFS.