Topsy-turvy law: Boy of 14 who shot a girl in the eye is let off for being 'too young'

12 April 2012

From yesterday's Daily Mail

Lorna De-Ste-Croix, 15, was yesterday still at home recovering from surgery after the unprovoked attack in June, which left a lead pellet embedded behind her right eye and nearly blinded her.

Yet the Crown Prosecution Service has told Lorna's family, of West End, near Southampton, that no action will be taken against the boy who fired the rifle.

It says he was too young to appreciate the dangers of his firing the rifle from 6ft away - even though he was four years above the minimum age of criminal responsibility in England.

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Lorna De-Ste-Croix: The 15-year-old was nearly blinded by the pellet

The case highlights the topsy-turvy nature of Britain's justice system. It comes a day after the Mail told how a 16-year- old boy was dragged through the courts at a cost of £5,000 just for causing a penny's worth of criminal damage to a plastic bag which he had grabbed from a younger girl.

The youth, who cannot be named, was ordered to complete six hours' community work by Swindon Youth Court in Wiltshire.

Lorna's father, Lawrie, says the decision is absurd in the wake of last month's gun murder of 11-year-old Rhys Jones, which is believed to have been carried out by a young gang member.

Mr De-Ste-Croix, a 57-year- old builder, said: "The CPS is saying they don't believe a 14-year-old can be held responsible for pulling a trigger.

"To me, that lets off the boy that shot Rhys Jones dead in Liverpool as well. This is not about compensation or anything like that - this is about the CPS taking this seriously.

"Surely he's old enough to know an air rifle can do damage? Someone's got to be held responsible for something like this."

Lorna told yesterday how she and a friend were heading into Botley village, Hampshire. The boy, whom she knew as an acquaintance, was walking in front of them but stopped to go into his house.

"We waited outside his home and a few minutes later he came out with a gun and pointed it straight at me," she said.

"He didn't say anything and I was scared and in shock. Before I had the chance to move or speak, he pulled the trigger and fired.

"I heard a noise and the next thing I knew I was on the floor and covered in blood."

Lorna's mother Lynette, 47, said: "I got a call at 9.50pm from Lorna saying, 'Mum, I've been shot.'

"I rushed in the car to get her. She was covered in blood - it looked awful. The doctors at Southampton General Hospital said that if it had hit her any lower, she would have lost her eye. It damaged her retina and it will be at risk of detaching for the rest of her life now."

The pellet hit Lorna just below the eyebrow, and she had to wait more than three months for an operation to remove it so her retina could stabilise sufficiently.

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Lorna De-Ste-Croix pictured with her parents Lawrie and Lynette. Mr De-Ste-Croix has blasted the CPS for claiming that the boy who shot Lorna is not old enough to be prosecuted

In a letter sent to the family explaining why Lorna's assailant would not be prosecuted, the CPS wrote: "The age and particular circumstances of the defendant have to be considered.

"Although an adult ought to know that one should never pull a trigger of a gun without checking first if it were loaded, if there were anyone anywhere in front of him, such sensible considerations may not be expected of a youth."

District Crown Prosecutor Adrian Lower said the case had been referred to a 'highly-experienced' prosecutor, who decided there was no evidence that the boy had intended to injure the girl or had seen any risk in his actions.

Mr Lower said: "We recognise the pain and suffering caused to the victim in this case but we cannot bring prosecutions where there is no realistic prospect of conviction.

"The reviewing prosecutor has written to the family of the victim, setting out the reasons for his decision and offering to meet with the family to explain his decision face-to-face and to listen to their concerns."

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