source : the age
A West Australian court has heard how a boy who forced a black swan to inhale fumes from a vape has been subjected to public vitriol and abuse after details of his offending – and his identity – was circulated online.
The 16-year-old, who cannot be identified because of his age, appeared in Rockingham Children’s Court on Thursday, where his lawyer tried to have the hearing heard behind closed doors because of the online backlash.
While the magistrate denied the application, the court was told the boy and his family had been subjected to “vicious, pernicious, inappropriate” messages and “adverse commentary” directed towards him and his family from outraged vigilante community members.
The magistrate declined to close the court, stating that it was important that an outcome was reported, but hoped the police would be investigating the abuse.
The teen was arrested after videos circulated online of him and another boy abusing a swan near Mandurah on July 26.
The court heard they were in an inflatable boat near Endeavour Island, when they noticed the swan had a fishing lure lodged in its neck.
They approached the swan and brought it aboard where the boy removed the lure and discarded it.
The 16-year-old then put the vape into the swan’s beak and blew smoke.
The other boy – who has pleaded guilty to the assault – then slapped the swan across the head.
The incident was recorded and shared with friends on social media.
The boy was further charged after a second video emerged that showed two black swans in the boat. One swan was unresponsive.
The boat was moored at Len Howard Conservation Park where the 16-year-old was filmed carrying the bird by its legs and throwing it into bushland.
Police uncovered its carcass weeks later.
On Thursday, the court heard the boy was “showing off to his younger friend” by putting the vape in its mouth.
“He said it was a really stupid impulsive thing to do,” his lawyer told the court, before explaining that his behaviour was tied to trying to get a Snapchat “streak”.
“The more you do, the more streaks you rack up,” she said.
“It becomes an obsession.”
The boy’s lawyer added that “it doesn’t in any way excuse the behaviour”.
The boy had written a letter apologising and claimed he “wishes he could take it back”.
On Thursday, he pleaded guilty to two counts of causing an animal unnecessary harm.
“Every facet of his life has been impacted,” his lawyer told the court.
“His family’s life has been turned upside down. It has impacted his siblings – he’s had to watch them suffer.
He was immediately suspended by the school, pending an investigation and because of community outrage his family withdrew him from school.
It has affected his parents’ mental health and his siblings’ mental health. The backlash has had a significant impact, the court heard.
Magistrate Andree Horrigan said the way the boy had been treated by the community was “deplorable”, but added that the boy’s behaviour was “cruel, unnecessary and harmful”.
“The use of the vape is extraordinary,” she said.
“[But the] behaviour of the co-accused to then strike the swan is vile conduct.
“At the moment the bird became unresponsive – that’s the moment you should have done something.”
Horrigan also added that it was “common knowledge” that swans mate for life.
“I hope that you learn from the choice that you made,” adding that animals are “defenceless and vulnerable – a lot like a child. A defenceless creature has been exterminated.”
Horrigan said that a court order was appropriate.
“It reflects the gravity of the offending and shows that the matter has been taken seriously by the court.”
The boy was given a four-month youth community order.
“[This] might not satisfy community members who may expect that you are going to be nailed to a tree, [but] we have to do things in an appropriate and civilised way,” Horrigan said.
“If you commit another offence you will come back to court and be re-sentenced.”
