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Teenage student won’t face charges over filming Year 7 boy using toilets at a Sydney high school

A teenager caught using his mobile phone to film a much younger male student using the toilets at a public high school has escaped with a caution.

The youth made full admissions to taking images of the Year 7 boy on the grounds of South Sydney High School at Maroubra in the city’s south-east.

A New South Wales Police Force spokeswoman told Daily Mail Australia officers were called to the school after the student’s behaviour was reported on October 19.  

‘Officers from Eastern Beaches Police Area Command attended a high school in Maroubra and commenced an investigation after concerns were raised regarding images and videos on a student’s phone,’ the spokeswoman said. 

‘Following inquiries, a [teenage] boy was dealt with under the Young Offenders Act for film person in private act without consent.’ 

A teenager has been caught using his mobile phone to film a Year 7 student in the toilets of South Sydney High School at Maroubra in the city's south-east. He made full admissions and was cautioned under the Young Offenders Act, meaning he won't face charges. Stock image

A teenager has been caught using his mobile phone to film a Year 7 student in the toilets of South Sydney High School at Maroubra in the city’s south-east. He made full admissions and was cautioned under the Young Offenders Act, meaning he won’t face charges. Stock image

A New South Wales Police Force spokeswoman told Daily Mail Australia officers were called to South Sydney High School (pictured)  after a youth was reported for filming a person in a private act without their consent on October 19

A New South Wales Police Force spokeswoman told Daily Mail Australia officers were called to South Sydney High School (pictured)  after a youth was reported for filming a person in a private act without their consent on October 19

Under the Young Offenders Act, minors aged 10 to 17 can be warned, cautioned or subject to youth conferencing. A caution is more serious than a warning.

Offenders can be given a formal caution if a warning is not considered appropriate, if they admit the offence in the presence of an adult and agree to being cautioned rather than going to court.

A caution is recorded by police under the offender’s ‘court alternatives history’ and may be seen by the Children’s Court if the youth is dealt with for later offences.

However, that record does not form part of a person’s criminal history and may not be taken into account by an adult court.

South Sydney High School principal Janice Neilsen has previously told Daily Mail Australia she could not comment on the incident, which took place late in the day. 

News of the incident at South Sydney comes after a teenage boy at the private Cranbrook School (pictured) in the city's eastern suburbs was charged with raping two girls

News of the incident at South Sydney comes after a teenage boy at the private Cranbrook School (pictured) in the city’s eastern suburbs was charged with raping two girls

A spokesman for the NSW Department of Education said: ‘A caution was issued to the alleged perpetrator who made a full admission of the incident.’

‘The principal and police have liaised with both families involved in the incident and support has been given or offered to them.’

What is a legal caution? 

Under the NSW Young Offenders Act, minors aged 10 to 17 can be warned, cautioned or subject to youth conferencing. A caution is more serious than a warning.

Offenders can be given a formal caution if a warning is not considered appropriate, they admit the offence in the presence of an adult, and agree to being cautioned rather than going to court.

A caution is recorded by police under the offender’s ‘court alternatives history’ and may be seen by the Children’s Court if the youth is dealt with for later offences.

However, that record does not form part of a person’s criminal history and may not be taken into account by an adult court.

Source: Youth Law Australia 

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The spokesman had previously told Daily Mail Australia the incident had been reported to police within the hour and the school had offered ‘all necessary supports to all concerned’.  

South Sydney High School is a public co-educational campus which takes Year 7 to 12 students from Botany, East Botany, Banksmeadow and parts of Maroubra and Pagewood. 

The school’s motto is the Latin phrase spectemur agendo, which translates to ‘let us be known by our deeds’. 

Among its alumni are fashion designer Alex Perry, Test cricketer and television personality Mike Whitney and retired Rabbitohs NRL player John Sutton.

News of the incident at South Sydney came after a teenage boy at the private Cranbrook School in the city’s eastern suburbs was charged with raping two girls. 

The student, 15, was arrested at his Paddington home on September 20 and taken to Waverley police station where he was charged with several offences. 

‘In July 2020, detectives from the State Crime Command’s Child Abuse and Sex Crimes Squad commenced an investigation into the alleged sexual assault of a then aged 15-year-old girl at Bondi,’ a police statement read.

‘During the course of the investigation, police commenced further inquiries into reports a second girl, then aged 14, was allegedly sexually assault at Bondi in August 2019.’

The teenager was charged with two counts of intentional sexually touching and having sexual intercourse with a child between 10 and 16.

He was also charged with intentional sexually touching of a child between 10 and 16 and having sexual intercourse with child between 10 and 16.

The student faces a further charge of trying to influence a witnesses to procure an acquittal.

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