Australia

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Thomas, an NDIS recipient with an IQ of 71, was first reported to police by Victoria’s Department of Health and Human Services (DHHS) and then by his parents because of his fixation with Islamic State, which included him accessing extremist material online and making threats to other students.

Fleming found the JCTT also deliberately delayed charging Thomas with offences until after he turned 14, as it made it harder for him to use the defence of doli incapax, which refers to the concept that a child is not criminally responsible for their actions.

“The search involved multiple Victoria Police members under the guise of attending to provide support to the family within the CVE [Countering Violent Extremism] framework.

A police officer who performed a report based on information downloaded from Thomas’s phone found that he appeared fascinated with China and symbols of the Chinese Communist party and that there were no religious images or verses from the Qur’an present.

But the operative gave evidence that Thomas was naive, and living a “fantasy life online”, including by asking questions like whether he could join the kids’ section of Islamic State.

Fleming said the prospect of diverting and rehabilitating Thomas was always destined to fail once the operative started communicating with him, and the magistrate could not accept evidence given by police that these efforts had primacy over the criminal investigation.

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