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Three teenage girls have been charged following an alleged bashing and torture of a 13-year-old girl in a Queensland home.

The young girl was said to have been left unrecognisable due to her injuries after being lured to a sleepover party where the alleged 5-hour torture session occurred.

Videos posted to social media show the 13-year-old standing in the corner of a room wearing shorts and a bra being threatened, suffering various injuries, including being punched in the face, burned, stabbed and left covered in bruises due to the alleged attack by the other girls.

The alleged attackers were her “supposed friends” whom she met two weeks prior to the incident.

They allegedly bound her with a phone cable and engaged in these shocking acts on film.

The teens allegedly held her captive, repeatedly taunted her and boasted about the damage and pain they were inflicting despite attempts of the victim to fight back and leave.

Footage shows the victim asking the teens to not punch her in the eye to which they responded with vulgarity.

“She can punch wherever the f*** she wants to punch, you dumb dog,” a girl off-camera responds.

“I’ve never seen something so f****** ugly in my life,” another girl said about the victim’s injured face.

Footage shows that the victim attempted to leave however was abruptly stopped by a girl holding a knife who grabs her hair and pulls her back into the room.

3 girls aged 12, 13, and 14 have been changed with a string of similar offences including assault occasioning bodily harm, assault occasioning bodily harm whilst armed in company, deprivation of liberty, entering a dwelling and committing an indictable offence, armed robbery whilst in the company using personal violence, entering a premise and committing an indictable offence, unauthorised dealing with shop goods and wilful damage.

All three have been remanded in custody to face Maroochydore Children’s Court.

The victim and her mother spoke to 7NEWS about the alleged attack, describing the horrors of her experience.

“I have visions of my daughter on the floor, just seeing her face for the first time and the way she called out my name when she (saw) me,” the victim’s mother said.

“Her face was swollen to a degree that you couldn’t recognise her … it looked like her head was going to explode.” Said the victim’s mother.

The Victim explained the alleged events that occurred including the teenager’s threat to kill her family.

“They locked the door and threatened me, saying they will kill me and my family.” Said the victim.

The victim will remain unnamed for legal reasons.

Police are continuing investigations.

Doli Incapax

In Australia, children aged between 10 and 14 are subject to criminal law but are also covered by a rebuttable presumption, known as doli incapax, that they are incapable of committing a crime.

These teenagers sit between this range and therefore can be criminally convicted.

Assault occasioning bodily harm is a severe criminal matter attracting grave penalties in NSW.

It involves intentionally or recklessly causing another individual to suffer injury or physical harm.

As per section 59 of the Crimes Act 1900 whoever assaults any person and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.

Further, if a person is guilty of this offence in the company of another person or persons, is liable to an increased penalty of imprisonment for 7 years.

Aggravating factors are circumstances that increase the seriousness of the offence and may result in a more severe penalty or sentence.

These factors are covered under section 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW) and include some of the following:

  • The accused uses a weapon such as a knife, gun or another dangerous instrument in relation to the assault.
  • If the victim suffers serious bodily harm due to the assault
  • If the victim was vulnerable due to their age, physical or mental disability during the assault
  • If the assault occurs in relation to Domestic violence
  • If the assault was committed by an individual in a position of trust such as a teacher, police officer or healthcare worker
  • If the accused has a previous criminal history of related matters
  • If the assault was committed in relation to gang-related violence.
  • The offence was part of a planned or organised criminal activity,
  • The offence was committed in company

Various aggravating factors may apply to the accused teenage girls including the use of a weapon (knife), the extent of the injuries the victim suffered, the offence was committed in company as well as the vulnerability of the victim being a young person.

By Alyssa Maschmedt.

About Criminal Defence Lawyers Australia

Criminal Defence Lawyers Australia are Leading Criminal Defence Lawyers, Delivering Exceptional Results in all Australian Courts.

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