Children's Court Report

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Children's Court Report





Court Report Court Report Strictly Confidential His/Her Honour Judge / Presiding Magistrate Name Children’s Court Court Date:    /    /      Name:       Date of birth: Inclusive of age in years and months Current address:       Legal representation:       Mother's full name:       Mother’s address:       Father's full name:       Father’s address:       Substitute care: (if applicable) Days in custody since arrest:       Information source:       Details of Existing Order (including detention orders – (remove if no existing order) Existing Order:       Date of Order made: for detention orders include backdate if applicable and ERD Supervision expiry date: (change to detention expiry date if applicable) Status of Order: suspended or breached Supervision conditions: months - satisfactory,unsatisfactory,inconsistent Attendance conditions or additional requirements: how many sessions complete/ outstanding. Satisfactory,unsatisfactory,inconsistent Community work hours: satisfactory,unsatisfactory,inconsistent include hours completed/hours ordered Days in Custody (prior to order being made):       Current Court requirements On Date, Young Person’s name appeared in Name of court ie. Perth Children’s Court and Choose an item. to the below mentioned Choose an item.. On that date Young Person’s name was Choose an item. enter date for sentencing. Provide charge numbers and list of offences (remove text)       Prompt: Identify the issues in the report and address the concerns in the proposed plan. Analysis of Offending /Involvement with Youth Justice Provide analysis of factors related to young person’s offending – ie under influence of substances, peer association etc (do not revisit SOMF or provide young person’s version of events) and trends ie what are main offences, escalating/reduction of seriousness, if there are any significant gaps in offending what contributed to this for this young person and contributing factors. Acknowledge whether offence/s has breached an order or if it was committed during the life of an order. Consideration of victim awareness issues (such as VMU) (remove text) Provide overview of orders since involvement with Youth Justice Services. Providing information related to the completion of orders and issues related to breaching by non-compliance and/or re-offending, including current order if applicable. Provide analysis of factors that have previously impacted on the young person’s ability to complete/breach community based dispositions. Identify underlying casual factors (eg drug use, peer influence etc) to the young person’s non-compliance/re-offending; include YCBOs/CWO with community work only. (remove text)       Background Information Family circumstances Provide a brief overview of family members (number of siblings and age range) and dynamics, relationships stability, parental supervision, including level of positive family support, analysis of family situation/exposure to antecedent behaviour. (remove text) Only include information on Accommodation if there are issues otherwise can be addressed in Plan. Note factors of concern ie DV, substance misuse, overcrowding? Note best practice should include a home visit to ascertain living arrangements. (remove text)       Culture and other factors for consideration (if applicable) – remove if not applicable Eg Gender identity, role models, support or impact of cultural commitments? Kinships, requirements to be involved in cultural practices. (remove text)       Factors Influencing Behaviour Education and Employment Provide overview of educational information. Is the young person enrolled in and attending school; how long have they been disengaged from school; enrolled in a vocation, job readiness scheme; or employment prospects. What are the factors inhibiting engagement ie behavioural, attendance or academic concerns. Is the young person engaged in pro-social activities ie recreation. (remove text)       Health, Substance Use and Development Needs Does the young person have health issues that require treatment, physical health, psychological/psychiatric – mental health concerns, and compliance with medication? If previous psychological reports have been written provide relevant information if applicable. (remove text)       Provide overview of substance misuse and exposure within home or social environments. (remove text) To address the identified criminogenic factors the following plan will be implemented if a community based disposition is imposed: Plan State goal and how it will be achieved inclusive of commencement date Accommodation include travel arrangements if young person is in custody Education and employment       Recreation and vocation       Substance use       Health       Psychological       Cultural programs       Supervision Young Person’s first name will be required to participate in structured supervision sessions commencing (date and location required) and then as directed. These sessions will focus on core issues relevant to the offending behaviour including offence mapping, motivation to change, thinking and offending, problem solving, lifestyle balance and relapse prevention. Supervision sessions will also address the following identified needs of Young Person’s first name namely, (ie victim awareness, substance use, and healthy relationships) which will occur in consultation with the family/caregivers. Responsible adult support (remove text) Author’s Identification: Endorsement: Name:       Name:       Signature:       Signature:       Title: Youth Justice Officer Title: Team Leader Location:       Location:       Date:    /    /      Date:    /    /      Youth Justice Services – Court Report – Updated March 2016Page 1 of 3 Youth Justice Services – Court Report – Updated March 2016Page 2 of 3 School of (insert school here) Court Report Assessment Unit Code: CRI2202 Unit Title: Youth Justice Semester: Two Year: 2023 School of Arts and Humanities Court Report Materials Edith Cowan University Faculty of Business and Law Web: www.business.ecu.edu.au Faculty of Business and Law | Telephone: 134328 | Calls outside Australia (61 8) 6304 0000 Email [email protected] | Web: www.business.ecu.edu.au WA Police STATEMENT OF MATERIAL FACTS ACCUSED:DARBY Jayden Paul AGE: 15 ADDRESS:20 Eucalyptus Pass BUTLER WA 6036 ARRESTED AT:ClarksonTIME:3:15PMDATE: 02/05/2023 A video taped interview was conducted with accused by Interviewing Officer: WARRENBY, ARank:Snr ConstableNo:12345 Video Interview Length: 45 minutes SUMMARY OF OFFENCE SEE ATTACHED 4 MATTERS 1) ACCUSED 1: DARBY Jayden Paul OFFENCE: Criminal Damage by Fire Section 444(1)(a) Criminal Code REFERENCE NUMBER: 123456781 VICTIM 1: Butler Primary School On 19 April 2023 the accused has entered the grounds of Butler Primary School. Whilst on the grounds of the school, the accused has placed a lit cigarette into a green wheelie bin, located near a gardening shed at the school. Then, whilst the first bin was on fire, the accused has used a cigarette lighter to ignite paper bags and placed this into a second green wheelie bin, which has also caught fire. Department of Fire and Emergency Services (DFES) were contacted and attended the scene in order to extinguish the fire. Both fires burnt and destroyed the rubbish bins and scorched the pavement beneath the bins. During the interview with Police the accused made a full admission to having set fire to the bins. 2) ACCUSED 1: DARBY Jayden Paul OFFENCE: Criminal Damage by Fire Section 444(1)(a) Criminal Code REFERENCE NUMBER: 123456782 VICTIM 1: Irene McCormack Catholic College And further, on 21 April 2023 the accused has entered the grounds of Irene McCormack Catholic College by climbing over the perimeter fencing. Once on the grounds, the accused has moved a large waste ‘skip’ bin located near a storage unit and relocated it next to the school’s main administration office. He has then used paper materials inside the bin as an ignition device by setting them on fire using a cigarette lighter. Once on fire, the accused left the scene. Department of Fire and Emergency Services (DFES) were contacted and attended the scene in order to extinguish the fire. The ‘skip’ bin was destroyed and damage was sustained to an exterior wall and window on the Administration building. During the interview with Police the accused made a full admission to having set fire to the bin. 3) ACCUSED 1: DARBY Jayden Paul OFFENCE: Possession of a Prohibited Drug Section 6(2) Misuse of Drugs Act 1981 REFERENCE NUMBER: 123456783 VICTIM 1: N/A On the morning of 2 May 2023 the accused was apprehended by Police at his home address of 20 Eucalyptus Pass BUTLER WA 6036 to be transported to Clarkson Police Station where he was arrested on suspicion of Matters 1 and 2. During a search of the accused’s school bag once at the police station a quantity of Cannabis was found in an internal compartment of the bag. Analysis revealed the true weight to be 10.2 grams of Cannabis. The accused admitted the Cannabis was for his personal use. REQUEST DESTRUCTION OF DRUGS 4) ACCUSED 1: DARBY Jayden Paul OFFENCE: Possession of a Prohibited Drug Section 6(2) Misuse of Drugs Act 1981 REFERENCE NUMBER: 123456784 VICTIM 1: N/A And further, during the same search of the accused’s school bag, conducted by police at Clarkson Police Station, as outlined in matter 3, a quantity of tablets believed to be MDMA was located in the same compartment. Analysis confirmed the accused had 5 Ecstasy tablets (1.50 grams of MDMA actual weight) on his person. The accused admitted the MDMA was for personal use. REQUEST DESTRUCTION OF DRUGS Pre-Sentence Court Report Background Information Previous Offending On the 26/9/2021 Jayden received an infringement notice by Police after being caught vandalising the toilet facilities at Ocean Keys Shopping Centre in Clarkson, WA, with permanent marker. Centre management alerted Police and after making an admission of guilt, he was required to pay the cleaning costs of $375.00 and donate 20 hours of voluntary service to the shopping centre. Jayden’s mother, Karen, made the payment and Jayden completed the volunteer work. The matter was resolved and the infringement adhered to. The current matter represents a second offence and is due to be heard by Magistrate Horrigan on 24/10/23. Legal Representation Jayden is currently represented by Legal Aid WA. Family Details Jayden was born on 25/11/2007 and was initially raised by both of his parents, Karen Roberts and Darren Darby. Jayden also has a brother, Michael, who is 3 years older than Jayden. Records indicate a normal childbirth with all developmental milestones achieved at an appropriate age. Karen and Darren were both born and raised in New South Wales. 12 months prior to getting married, the couple relocated to Perth to start their own family away. Both are estranged from their relatives due to experiences of childhood abuse and ongoing conflict. Consequently, Jayden and Michael have no relationship with their grandparents. The only extended family they have contact with is their maternal Aunt who currently resides in Queensland and visits Perth during the Easter School Holiday period every year. Jayden’s parents separated in early 2019 after 15 years of marriage. Jayden’s father is reported to have been a heavy drinker and would become verbally aggressive towards all family members when intoxicated. As a result, arguments were frequent between Jayden’s parents. His mother had intermittent part-time work as a bookkeeper and his father has worked in the mining industry for the past 10 years, which has included FIFO work. During his father’s absences while working away, Jayden’s mother was often angry and lonely. She was diagnosed with depression and anxiety 3 years ago, however until this point she was receiving no psychological or medical support. During severe periods of depression, Jayden’s mother would sleep throughout the day and experienced difficulty keeping up with the daily routine needed by her children. She often did not monitor her children’s whereabouts at these times. When Jayden’s father was on his home rotation, there were often loud parties and barbecues throughout the week so his father could ‘catch-up’ with his friends. It was usually after these gatherings that his parents would get into arguments, with both exhibiting aggressive behaviour. Jayden frequently missed school when his father was home, as often his parents would sleep in. Upon separation, Jayden and Michael lived with their mother in their current residence, which is partly funded by their father. Jayden’s mother experienced some difficulty with the lifestyle adjustment and at this time, her use of alcohol increased. It has only been in the last 12-months that Jayden’s mother has reduced her alcohol use and managed to create a routine for herself and her sons. However, when her depression worsens she still experiences some periods where she relapses into disorganisation and a lack of motivation. Jayden has not had contact with his father since he left the family home and separated from his wife. Although he continues to work in mining, he no longer commutes to Perth. Instead, he now lives in Karratha and works a drive-in/drive-out roster. Jayden’s father has also re-partnered since separating from Jayden’s mother. Jayden’s father lives with his girlfriend of 18 months, Terri. Contact details for Jayden’s parents include; Karen ROBERTS:Darren DARBY: 20 Eucalyptus Pass BUTLER WA 6036 5 Red Dirt Drive KARRATHA 6714 Education Details Jayden attended Woodvale Primary School from Pre-Kindy to year 2. In Year 3 he was moved to Butler Primary School as a result of his parents moving to Butler. His school reports indicated that he had trouble keeping up with the workload. It was commented by most teachers that Jayden possessed the ability to do well, but was distracted easily and preferred socialising during class time. He appeared to perform well at sports, but did not use these skills outside of school time. In Year 6, Jayden commenced at Clarkson Community College, where he continues to attend. He has received numerous detention penalties for vandalising school property, including etching marks into the desks with a compass, writing in class books and puncturing sports equipment. It is further noted that Jayden had a tendency to become easily frustrated and hostile. However, this has not been expressed as school fights, but he has engaged in some verbal bullying behaviour. Jayden has exhibited a pattern of truanting behaviour in both primary and high school. Although his mother, Karen, has attended some parent-teacher meetings regarding this issue, little has changed. Over the past 12 months, teachers have noticed that Jayden has been disengaged in class, seeming
Answered 2 days AfterSep 21, 2023

Answer To: Children's Court Report

Deblina answered on Sep 24 2023
14 Votes
Court Report
Court Report
Strictly Confidential
His/Her Honour Judge / Presiding Magistrate
Name Children’s Court
Court Date: /    /
    Name:
    DARBY Jayden Paul
    Date of birth:
    Inclusive of age in years and months
    Current address:
    
    Legal representation:
    
    Mother's full name:
    
    Mother’s address:
    
    Father's full name:
    
    Father’s address:
    
    Substitute care:
    (if applicable)
    Days i
n custody since arrest:
    
    Information source:
    
Details of Existing Order (including detention orders – (remove if no existing order)
    Existing Order:
    
    Date of Order made:
    for detention orders include backdate if applicable and ERD
    Supervision expiry date:
    (change to detention expiry date if applicable)
    Status of Order:
    suspended or breached
    Supervision conditions:
    months - satisfactory,unsatisfactory,inconsistent
    Attendance conditions or additional requirements:
    how many sessions complete/ outstanding. Satisfactory,unsatisfactory,inconsistent
    Community work hours:
    satisfactory,unsatisfactory,inconsistent include hours completed/hours ordered
    Days in Custody (prior to order being made):
    
Current Court requirements
On 2nd May,2023 Jayden appeared in Perth Children’s Court and pleaded guilty to the below mentioned offence. On that date Jayden was granted bail to appear on 20th July for sentencing.
Criminal Damage by Fire
· Charge Number: 123456781
· Date: April 19, 2023
· Location: Butler Primary School
Criminal Damage by Fire
· Charge Number: 123456782
· Date: April 21, 2023
· Location: Irene McCormack Catholic College
Possession of a Prohibited Drug (Cannabis)
· Charge Number: 123456783
· Date: May 2, 2023
· Location: 20 Eucalyptus Pass, Butler
Possession of a Prohibited Drug (MDMA)
· Charge Number: 123456784
· Date: May 2, 2023
· Location: Clarkson Police Station
Prompt: Identify the issues in the report and address the concerns in the proposed plan.
Analysis of Offending /Involvement with Youth Justice
Jayden's offending behavior can be comprehensively analyzed through several interconnected factors. Firstly, his involvement in substance abuse, specifically cannabis and MDMA, stands out as a significant contributor to his criminal activities. These substances can impair judgment and lead to impulsive actions, like vandalism and setting fires, as Jayden mentioned feeling "spaced out" when using drugs. Peer influence is also likely at play, though not explicitly mentioned, as many young offenders are swayed by peer pressure into risky behaviors, including drug use and criminal acts. Furthermore, Jayden's behavior, such as truancy, frustration, and self-harm, hints at underlying mental health challenges. Untreated mental health issues can exacerbate delinquency. Additionally, his family's dysfunction, marked by parental separation, his mother's depression, and his father's heavy drinking, has likely created an unstable and unsupportive environment for Jayden, potentially driving him to seek solace in criminal activities. His disengagement from school, poor academic performance, and school-based issues may have fostered a sense of hopelessness and frustration, pushing him toward delinquent acts as an outlet. The escalation in the seriousness of his offenses, from prior vandalism with permanent markers to his current offenses, indicates an increasing level of emotional distress and underscores the need for intervention and support. Furthermore, the gaps in his offending history may be attributed to previous consequences, such as an infringement notice, which did not effectively address his underlying issues, thus leading to his reoffending. Jayden's rehabilitation should focus on addressing these underlying factors and developing empathy for victims while encouraging him to engage in positive activities to reduce the likelihood of reoffending.
Jayden's history with Youth Justice Services includes previous orders, and his compliance with these orders has been inconsistent. Notable orders include an infringement notice in September 2021 for vandalizing property at Ocean Keys Shopping Centre, which required him to pay cleaning costs and complete 20 hours of voluntary service, a penalty which he fulfilled with the financial support of his mother. Following this, Jayden's more recent involvement with Youth Justice Services revolves around his current charges, including arson and drug possession, with the court hearing scheduled for October 2023.
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