A West Australian magistrate has acquitted a 10-year-old boy who attempted to ram a police vehicle with a stolen car, criticising police for failing to prove the child understood his actions were wrong. Magistrate Michelle Ridley delivered the verdict in Kununurra Children's Court, finding that while the boy led police on a dangerous chase reaching speeds of 100 km/h, the prosecution did not establish his capacity to comprehend the severity of his actions.
The incident occurred on May 5, when the boy drove a stolen car through Kununurra streets, careening off-road onto footpaths and into drainage ditches. At one point, he drove head-on at a patrol car, forcing officers to swerve to avoid a potentially fatal crash. The boy was initially charged with over 30 offences, but most were dropped before trial.
Magistrate Ridley's decision focused on the boy's state of mind, as children aged 10 to 14 must understand that their actions are seriously wrong, not just naughty or mischievous. She criticised police for conducting an interview on May 8 that asked about the boy's mental capacity before advising him of his legal rights, ruling the interview inadmissible on public policy grounds.
“In this case the police had insufficient regard to their statutory obligations and a 'near enough is good enough' approach to the rights of the accused,” Magistrate Ridley said. She noted that while the boy knew right from wrong, the evidence did not show he understood the moral seriousness of ramming the police car.
The court heard the boy is in state care and has experienced multiple placements. Magistrate Ridley observed that stolen cars appeared to be a common part of his life, comparing his description of watching stolen cars to “going to watch the speedway.” The case has drawn attention in Kununurra, where stolen car rates are high and community fears of a fatal incident involving police or children persist.
