Teen found not guilty of filming assault on elderly woman
JARVIS Taylor has been declared not guilty of any involvement in the assault of an elderly woman, after he filmed his friend tackling a 72-year-old beach walker to the ground in a drunken prank gone wrong.
Taylor, 19, fronted Maroochydore Magistrates Court today, charged with a serious assault of a person over 60.
The court heard that on December 27 at 5am, Taylor, Isaac James Carnell and two other friends had been hanging out in the sand dunes on the beach at Alexandra Headland after a night of drinking.
The victim, 72-year-old Linda Keen, was on a morning walk at the time before being tackled to the ground by Carnell, with Jarvis filming the incident on his phone.
Carnell, Jarvis and their two friends ran off after the attack, leaving Ms Keen on the beach with an injured knee.
The court heard on January 10, a search warrant in regards to a drug investigation was executed at Taylor’s house, where his phone was seized.
Four videos depicting the assault on Ms Keen were located on the phone, with Jarvis and Carnell being charged as a result, and the other two boys interviewed for their involvement.
Carnell was convicted of a serious assault of a person over 60 in his court sitting on March 23 after pleading guilty.
He was given a six-month jail sentence which was wholly suspended for three years and he was ordered to pay $800 in compensation.
Ms Keen, who took the witness stand in court today, recalled the assault, which the court heard in a previous sitting has resulted in a swollen and sore right knee, tenderness to the right shoulder and elbow, headaches and dizziness.
“I saw four young men up in the dunes laughing, and I heard the pounding of feet on the wet sand coming up behind me,” she said.
“I turned to have a look to see what was happening and there was a young man crouching down, and just a few metres from me. His arms were out and he grabbed me around the legs, and lifted me up and slammed me down on the sand.
“All this time, I could hear this laughing.”
She told the court that although she originally stated she did not wish to lodge a complaint, she changed her mind after considering the safety of other seniors.
Police Prosecutor Nichale Bool argued that Jarvis was liable to be charged as he had allegedly intentionally encouraged Carnell to instigate the assault and had allegedly later shared the video of the incident to social media, namely Snapchat.
Taylor’s lawyer Nathan Turner did not dispute that Jarvis was present for and filmed the incident but argued there was no evidence he had encouraged the assault.
“There is no evidence that the video was shared to social media, either,” he said.
The video, of the assault which was shown to the courtroom, depicted Carnell running on the beach before tackling Ms Keen.
Filmed by Jarvis from the sand dunes, a voice could be heard saying “Go, Carnage, go” as Carnell ran up behind Ms Keen in the unprovoked attack.
Another voice on the video could be heard saying, “F---. dude, I can’t even watch”.
Carnell, and the other two teenagers present during the incident, gave witness testimonies in the courtroom.
All three told the court that they were very intoxicated at the time of the assault and had very little recollection of conversations before and after the incident.
The witnesses stated that while they had viewed the video of the assault after the attack from Taylor’s phone, they did not specify it had been on social media.
Furthermore, one of the teenagers present during the assault stated that it was not Jarvis’s voice heard on the video saying “go, Carnage, go”, but rather stating, “F---, dude, I can’t even watch”.
Magistrate Matthew McLaughlin told the court that any case the prosecution had about Taylor intentionally encouraging the assault and sharing it on social media was circumstantial.
Mr McLaughlin declared Taylor not guilty of the charge.