The lawyer of a 16-year-old boy,who has pleaded guilty to killing Indian student Nitin Garg,told a court here that the murder was a result of immaturity of his client believed to be the youngest person in Victorian state of Australia to commit the crime.
At a plea hearing in the Victorian Supreme Court,Defence lawyer Marcus Dempsey told the Supreme court “At 15 and a half it seems (he) is one of the youngest people in this state to commit the offence of felony murder.” He said his client comes from a “much loved” background.
The lawyer said that despite phone intercepts recording the boy boasting the killing,there was remorse and the unintentional murder was a result of his immaturity and a spontaneous attempted robbery of Nitin Garg’s mobile phone.
Prosecutors have told the court that he discussed a potential alibi with his parents before his arrest.
Justice Paul Coughlan described the case as “desperately sad.” He will be sentenced at a later date.
“It’s a desperately sad case from everyone’s point of view,” Justice Paul Coghlan said adding,”How a young man of this background finds himself here is just sad really.” The boy,whose identity has not been revealed,pleaded guilty to murder in April and is facing a maximum sentence of life in prison.
He stabbed the 21-year-old Garg as he walked to work through a park in Yarraville in January last year.
Garg’s murder sparked outrage in India.
Justice Coghlan said he understood the boy would deny the crime when questioned by police.
“He’s a kid,he did what any of us would have done (at his age)… I grew up in a very,very helpful and loving family but I wasn’t necessarily always just a good boy.”
Prosecutor Amanda Forrester said there is “no evidence of any racial motivation in this crime”.
“This was a pointless act of violence… the offender went out of his house armed with a very serious weapon.”
Justice Coghlan said the propensity of young people to carry knives was a significant concern.
“If he didn’t have the knife it wouldn’t have occurred.”
“Sentencing you is not going to be easy,I must say,” Justice Coghlan said.