Teen carjacker spared jail despite Victoria's new 'adult time' laws

The first teenager charged under Victoria's "Adult Time for Violent Crime" laws has been spared jail, after a judge ruled there were "exceptional circumstances" in the case.

The 16-year-old, who cannot be identified for legal reasons, wore a balaclava and held up a taxi driver at knifepoint in Dandenong, south east of Melbourne.

With a friend, the girl stole the taxi and drove at high speeds before crashing near a freeway entrance.

The taxi driver remains traumatised and is fearful every time a passenger gets into his car, the County Court heard.

The incident occurred on February 27, 2026, two hours after the new laws came into effect.

The teenager was arrested later that morning and charged with aggravated carjacking.

The controversial laws, passed in response to rising youth crime, force children charged with serious offences such as aggravated carjacking to face adult courts which can impose the same penalties as for offenders aged 18 and over.

The tougher regime has been backed by some victims' advocates, but was criticised by legal groups and the Victorian Equal Opportunity and Human Rights Commission.

Teen walks free due to 'exceptional circumstances'

For adults, the minimum sentence for aggravated carjacking is three years' jail.

On Wednesday, County Court judge Scott Johns used his discretion to sentence the girl to an 18-month youth supervision order, letting her walk free.

"You haven't had a lot of opportunities in your young life. This is one," Judge Johns told the girl.

"I hope I don't see you back here. If you don't abide by the conditions of the order then I will, and I will have to look at significant consequences."

Conditions of the order include drug counselling, mental health treatment, attending school, TAFE or work, offender behaviour programs, community work and a curfew.

Judge Johns described the carjacking as "very serious" and the victim as a "vulnerable, unsuspecting target".

He acknowledged parliament's intent for youth aggravated carjackings to be dealt with more severely than under the rules of the Children's Court, where the maximum penalty is three years in detention.

However, he said, the law also allowed him to consider if "exceptional circumstances" applied and whether youth sentencing legislation could be used.

The girl fit the criteria, he said, for a number of reasons.

She was a first-time offender, was remorseful and had kept out of trouble since her arrest, he noted.

The girl's father was in jail and her mother had a history of violence towards her, and the teen was living in residential care at the time of the carjacking.

"Your 16 years have been marred by a profound lack of stability and safety," he said.

A psychologist also testified that the girl had PTSD and unmanaged ADHD, meaning she "tends to go along with things" without realising the consequences.

Judge Johns said the public was best protected by the girl completing her rehabilitation in the community.

"I accept this offence is out of character for you," he told her.

The girl's co-offender, who was also 16 at the time, played a lesser role in the carjacking and was sentenced to a 12-month good behaviour bond by the Children's Court.