The owners of a 10-month-old puppy that was killed by their teenage neighbour have had to sell up their family home and move after feeling unsafe.
The 14-year-old, who cannot be identified for legal reasons, was charged in August with stealing the dog and willfully ill-treating it – by throwing it off a balcony and hitting it over the head with a metal crowbar and cutting its throat, causing it to die, court documents seen by Stuff show.
He then admitted the charges, which Judge Gerard Lynch gave Stuff permission to report.
The teenager then appeared for a sentencing hearing in April where the judge discharged the teen.
"Should a young man with significant deficits be essentially criminalised? In my assessment the answer is no," Judge Lynch said in his sentencing notes.
The police argued that given the seriousness of the offending, the consequences and emotional harm caused to the victims, the least restrictive outcome was a disposition.
However, the young person's lawyer submitted the appropriate outcome was a clean record discharge.
Judge Lynch said the matter was finely balanced.
"The offending was cruel and shocking and but for [the young person's] underlying psychological issues, this offending would call for formal orders," the judge said.
"Autism does not give a young person a free pass, but it does in this case explain why [the young person] did something terrible. We are sadly a society that often looks to sheet home blame and make offenders pay.
"His letter explains why he did what he did. His letter of remorse is not quite what is usually served up, reflecting frankly where the young man sits on the intellectual continuum.
"I do not say that to be mean to [the young person] but to make it clear, this is not a high functioning young person where if that young person did something as bad as this, there would need to be very real and formal consequences," Judge Lynch said.
For Rebecca*, the owner of the puppy, she said this has had major consequences for her family.
"We've had to sell our house and move to a different place...we are so broke. It really seems unfair."
She was sympathetic to the teenager's autism and ADHD but hoped nothing else happens in the community.
"It's a shame this had to happen for him to get help."
Last August, the family noticed their 10-month-old puppy was missing, which sparked a search of the neighbourhood.
Three days later, the teenager's father told Rebecca and her partner that his son had admitted to killing their puppy, she previously told Stuff.
"He was really upset and we felt really bad for him," she said.
"We were very understanding, but [the teenager] was arrested on the Monday and then released on bail to the house which I was completely incredulous at."
They were concerned for their safety.
"This has been deeply traumatic for our family. Our main concern is our ongoing safety. [The teenager] killed our beautiful, fluffy, friendly little puppy completely unprovoked.
"We are extremely shocked that this has happened and it has turned our world upside down. We no longer feel safe in our home."
In December, just before Christmas, he returned to his family home and Rebecca and her family made the decision to leave.
They are about to move into a new home with a new puppy.
*Rebecca is not the family member's real name.
