Photo: Alex Rainer/Unsplash
Thoughts: This was a tragedy that shook the nation and raised heartfelt questions about many issues ranging from school security to mental health awareness. There are no words to describe the depths of emotional pain that the respective families and community have been grappling with. The objective discussion of the law around this matter is not meant to detract from each personal journey of self-reckoning and healing. Hey Lex stands with the broken hearted and all who have been affected in one way or another.
The 16-year-old accused in this case has been charged and will be tried for murder. As mentioned in the news report, the penalty for murder is usually death by hanging. However, those under 18 years old at the time of the offence cannot be sentenced to death, but may be jailed for life instead.
There are several defences to crimes like murder which would absolve the accused completely from guilt under the law. One of these is unsoundness of mind. If it can be established that the accused is either incapable of knowing the nature of the act, incapable of knowing that what he is doing is wrong, or completely deprived of any power to control his actions, he will be acquitted of the crime. However, he may be placed in custody for psychiatric treatment.
If it cannot be established that he has the above mental incapacities sufficient for a full defence, but that his mental faculties were impaired due to abnormality of mind at the time of the offence, the court may instead find that he has diminished responsibility for the murder, and may convict him on a lesser charge of culpable homicide which is also punishable with up to life imprisonment and caning.
One additional point to highlight here is that offenders under 18 years old cannot be named. As such, this boy’s identity will never be publicly revealed. The Children and Young Persons Act provides that any person who publishes or broadcast any picture or information that can lead to the identification of the young offender would be fined.
Refer to this earlier case where a young teenager was charged for murdering his father. Also, in the Anthony Ler case, a 15-year-old who killed a woman at the instigation of her husband was convicted of murder and detained indefinitely.