Teen sentenced for ‘KKK all the way’ attack on boy, 11
A TEENAGER who chanted "KKK all the way" before spear tackling his 11-year-old Indigenous neighbour into the ground will not serve time in jail as he was not "motivated by racial prejudice" a magistrate has ruled.
Police had argued the 18-year-old, who cannot be named to protect the identity of the victim, should be jailed due to the racist slur and an Instagram message he later sent to the boy's older sister labelling her a c**n.
The boy was knocked unconscious after the teen's assault, while his 10-year-old brother was also punched in the face.
The Cairns Magistrates Court heard the assaults came after the siblings and the teen's younger brothers got into a physical dispute on the road outside their Edmonton houses in early July.
The teen pleaded guilty to assault occasioning bodily harm and common assault on Thursday with his solicitor Davina Lucas arguing he had been attempting to break up the fight and was not aware of the racist nature of the KKK chant.
Magistrate Alan Comans said a psychologist report led him to accept the teen had "snapped".
"(He) acted impulsively and spontaneously … to protect his siblings," he said.
He said while there were "racial undertones" to the offending he was "not satisfied the defendant was motivated by racial prejudice to assault them".
"(It was) more probably his personality and impulsiveness was the reason for this offending," he said.
Magistrate Comans ordered the teen, who had no criminal history, serve two years probation, perform 150 hours of community service and repay $390 to the mother of the boy to compensate for medical costs.
"It would be a show of good faith by you to make sure it gets paid," he said.
The court heard on Thursday, along with physical injuries, the boy had been impacted by the attack, missing days of school, crying in his sleep and being afraid to play outside.
Originally published as Teen sentenced for 'KKK all the way' attack on Indigenous boy, 11