Damon Locantro has made a name for himself on the Sunshine Coast defending people charged with breaking the law. His practice, Locantro Lawyers, specialises in criminal defence but also offers services to those facing action by a government department. Damon has 15 years experience in criminal law and was formerly a NSW prosecutor and member of the NSW Police Service. Are parents responsible for their kids' actions?
| Damon Locantro
It seems that whenever juveniles are caught offending, the debate is raised about whether parents should be made responsible for crimes their children commit.
The recent case involving three young men allegedly assaulting an older man over an earlier dispute raised the issue last week.
Our current criminal law would make a parent responsible criminally if they knew about the intended actions of the child and did an act to assist or aid the child, or if the parent was involved an agreement to commit the crime.
To make changes to the law for a parent to charged when they do not know and have done no act - that is, simply because they are the parent - would, in my opinion, be going too far.
Such changes would involve a significant departure from the fundamental principle that to be guilty of a crime you must have a guilty mind and commit a guilty act.
Parents do need to take some responsibility but they should not be held criminally responsible unless they are involved.
Parents have a tough enough job these days in disciplining their children. I am currently acting for several parents facing court for allegedly going too far.
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Recent Comments
Everything all boils down to respect and discipline, something severly lacking in children this day and age.
That said, I don't think there's any excuse for "going too far" in terms of discipline (which I assume means through some form of physical punishment). Leading by example has far more of an impact on our kids than anything else.
Young people ought to grow with the belief that they must take responsibility for themselves and accept the consequences of their choices and decisions. Therefore if a young person commits a crime, then they, like adults ought to know that if charged and convicted there ought to be relevant, appropriate consequences. There is a practice in democratic schools, that incorporate justice systems then enables the school community to learn in an environment where there is justice, fairness and equity. Young people learn what it is to be in the real world.
The issue of parents must be a vexed one for Police, prosecutors and lawyers. Parents are responsible for their children until they become of an age when they're treated as adults. Therefore, they need to develop relationships, communication and understanding with their children, and pass on life experience in a balanced manner so that they gain an understanding of the world around them. That includes some understanding of laws that affect us all. It is the parents role to support children in their transition from dependence to independence. I don't believe mainstream Schools assist with this. I think they do not engender respect for parents, and tend to break down the authority and role of parents with their children. Parents need to realise that if their children are doing things that break the law, that they must stand with them. I'm not sure though, depending on the circumstances and the number of times a young person has broken law/s, whether parents should also be criminally liable. Certainly they ought to share associated costs, but the consequences, whatever they are reasonably, ought to be borne by the young person/s involved.