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Charges dismissed due to mental health

CHARGES against a 15-year-old boy accused of stabbing a fellow student at a Sydney private school have been dismissed because he suffers from the developmental disorder Asperger's syndrome.

The teenager was charged after a 13-year-old boy was stabbed with a serrated-edge kitchen knife at the SCECGS Redlands school on November 19 last year.

The attack took place in the playground of the exclusive co-educational school at Cremorne on Sydney's North Shore.

The victim underwent surgery in hospital for four stab wounds to the back.

A fellow year-eight student, who cannot be identified, was charged with malicious wounding, maliciously inflicting grievous bodily harm and having custody of a knife in a school.

According to documents tendered to Bidura Children's Court, the boy's mother told police when they interviewed him after the stabbing that he would not understand the questions "due to a mental illness for which he was receiving psychological treatment".

At a hearing last December, the boy's lawyer Teresa O'Sullivan said her client pleaded not guilty to all charges, and she asked for a psychologist's report to be prepared.

Magistrate Paul Mulroney today dismissed the charges against the Mosman teenager – who suffers from Asperger's syndrome, a form of autism – on mental health grounds.

Mr Mulroney discharged the boy, who turned 15 this week, into his parents' custody on the condition that he continue seeking therapy and assessment for his condition.

People with Asperger's syndrome have difficulty relating to others and often interpret what people say literally, Autism Victoria's Amanda Golding said.

"They don't have an understanding of the give and take, the ebbs and flows, of friendships and interaction with other people," Ms Golding said.

"Because they find everything to do with other people very difficult, they develop their own sets of rules ... about what to do in certain situations."

Ms Golding said Asperger's sufferers could respond aggressively in certain situations but did not intend to harm anyone.

"The behaviour that looks aggressive or violent is simply their response to a situation they don't understand," she said.

"Their responses are more a reflection of how confused and anxious they are, as opposed to being wilfully violent or aggressive."

SCECGS Redlands headmaster Christopher Daunt Watney said the case was complex but the welfare of students was paramount and everything possible would be done to reduce bullying at the school.

Mr Daunt Watney said he would speak to the families of the boys involved in the incident as well as staff "to ensure that we do everything possible to care for those affected, as well as the school community at large".

He said the school's longstanding anti-bullying policy would be developed further.

A leading authority on bullying, psychologist Ken Rigby, spoke to school staff last week and will also survey students to help tackle the issue.

"With his assistance we are conducting a complete review of all that we do," Mr Daunt Watney said.

He declined for reasons of privacy to comment whether the boys involved had returned to the school.
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Quote:
the boy's mother told police when they interviewed him after the stabbing that he would not understand the questions "due to a mental illness for which he was receiving psychological treatment


A mental illness? Some mother she is! I am sure the problem was merciless bullying, and the boy just lost it. It's very unfortunate it happened, but the mother isn't doing the boy any favour by making him look like he is mentally ill to such an extent that he wouldn't understand questions!

I think it would be better if they wouldn't use AS as an excuse for stabbing somebody. And there is no way the boy with AS wouldn't understand afterwards what he did. He shouldn't totally get away with it! And the other boy should get counselling, too, because he is probably a bully and needs to learn to tolerate and respect people who are different from him.

This is not a good result. Far better to focus on why he did the crime, most likely because of bullying.  The mother's copout is something I speak out against at every conference.

                         Jerry Newport

Uschi Wrote:
A mental illness? Some mother she is! I am sure the problem was merciless bullying, and the boy just lost it. It's very unfortunate it happened, but the mother isn't doing the boy any favour by making him look like he is mentally ill to such an extent that he wouldn't understand questions!

If it keeps her kid from prosecution, she's doing the right thing for him. What would happen to  him if he was locked up?

alan8359 Wrote:

Uschi Wrote:
A mental illness? Some mother she is! I am sure the problem was merciless bullying, and the boy just lost it. It's very unfortunate it happened, but the mother isn't doing the boy any favour by making him look like he is mentally ill to such an extent that he wouldn't understand questions!

If it keeps her kid from prosecution, she's doing the right thing for him. What would happen to  him if he was locked up?


Yes, sending him to jail (or 'juvenile correctional facility') would probably do more harm to the community overall than letting him off.  Can you imagine what an aspie could be turned into if they went to prison?

Some posts I've seen (not on this thread) seem to indicate some aspies bury their heads in the sand as far as aspies and criminal activity are concerned.  The victimisation that NTs put aspies (or any 'losers' and 'loners') through is obviously responsible for the vast amount of crimes that some unfortunate aspies commit.

It's a pity the mother claimed that his aspie son 'wouldn't understand', that's pretty insulting to anyone with aspergers, but perhaps necessary in the circumstances?  I think people with mental 'conditions' (sorry, can't think of a better word...) should be given counseling and help, rather than a prison sentence.  People might argue that they deserve punishment, but once they get out of prison, they're certainly not going to be better than when they went in, which isn't going to be good for the rest of society.

I agree with Jerry here. This boy didn't suddenly fly into a rage without provocation. He was probably bullied for months before this happened, and that is what this story should have focused on. Some Aspie teenagers commit suicide when they get to a stage of hopelessnes, and this boy stabbed the tormentor instead. If he would have had help before it became this bad, it wouldn't have happened.

I don't say he should go to prison. But I also don't agree with declaring him mentally incompetent because of AS. If people start thinking of us in this way, soon they will take our kids away in ernest, and stop us from doing anything. Plus, people will tell their kids to stay away from 'that dangerous kid with AS', because for fear of what he might do!

I am not sure what the answer is here, as I don't know enough about the case. Prison is not the answer. But the way it went isn't good, either.
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