Boy who used photo of homemade spear as profile picture to alarm mother gets probation after appeal

SINGAPORE - A teenager who was 14 when he crafted a spear from a kitchen knife and bamboo pole, and posted a photograph of the homemade weapon as his WhatApp profile picture to alarm his mother, has been given a second chance by the High Court.

The boy, now 15, was ordered to be placed on two years’ probation, after his appeal against his original sentence of a six-month stay at a juvenile rehabilitation centre was allowed by Justice Choo Han Teck.

In written grounds issued on Thursday, Justice Choo noted that no physical harm had been caused, and that it would be harsh to send the boy to a juvenile rehabilitation centre, bearing in mind that the actual offence was posting a picture of the homemade spear, “accompanied by a rude, perhaps vulgar, comment”.

He also pointed out that an “encouraging” report from the boy’s school, dated March 29, showed that he has been making an effort to behave since he returned to school in January.

The teen had pleaded guilty in October 2022 to a charge under the Protection from Harassment Act for intentionally causing alarm to his mother by making a threatening communication.

In addition to posting the photo, he ran a caption that read “come knocking on my door” and included a crude word, in an apparent attempt to keep his mother out of his room.

The posting was seen by his classmates and his form teacher, who alerted his mother. His mother feared for herself and her bedridden husband because the teen was known to go “berserk”, and reported him to the police.

The teen was diagnosed with social communication disorder and adjustment disorder, and his probation report showed a history of minor violence.

He took sharp objects including a knife and a sewing kit to school, threw his mobile phone out of the classroom window, sent violent imagery to his classmates and expressed suicide ideation.

He also communicated extreme views on terrorism and radicalisation and articulated thoughts about harming himself and his schoolmates, threatening to re-create a stabbing in a school in Singapore.

The boy’s mother said she lacked the capacity to supervise him, but added she was committed to attending counselling for her own well-being and to be there for programmes to help her son’s rehabilitation.

The Youth Court judge decided the boy needed a safe and structured environment for his rehabilitation. The boy, who was self-represented, appealed for probation instead.

On Thursday, Justice Choo said the paramount consideration in cases relating to the Children and Young Persons Act was the welfare and best interests of the child or young person.

In this case, what was in the boy’s best interests would depend on his prospects of rehabilitation under the different sentencing options, which would, in turn, depend on the circumstances of his case, he said.

Prosecutors had argued that the boy was not a suitable candidate for probation, given his behaviour and psychological problems.

Justice Choo said while this was a strong argument, it was based on the teen’s past misconduct at home and in school, for which he was not charged.

The judge said by the time he heard the appeal, the circumstances had changed, adding that the boy has not given any disciplinary problems in school since January and that his mother, who appeared in court with his uncle, seemed prepared to manage him.

He said: “The probation order will give the appellant a chance to show that his progress over the past three months stems from a realisation of his wrongdoing and the recognition of the multitude of open doors for his rehabilitation and development.

“But the appellant must also be reminded not to spurn this chance, for should he breach the terms of probation, the only door that will open to him is that of the juvenile rehabilitation centre.”

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