A student subjected to a lengthy, unprovoked beating by 12 of his classmates received $1.2 million in compensation.
The student at Fairvale High School, in película del Oeste Sydney, was 14 years old when other students prevented him from boarding a bus on October 16, 2017.
The pack then accompanied him to a nearby park where images taken with one of the students' phones showed how they attacked him with spears, kicks, punches and stomps in a long beating.
The police found the images of the attack on Instagram.
He was left with serious injuries to his ears, eyes and skull, as well as serious psychological damage.
The 21-year-old sued New South Wales through his mother, alleging the public school owed him a duty of care and failed to do so by failing to pedagogo students as they walked to the bus after school. .
While the student who instigated the attack, known in court documents as XY, was known to have violent tendencies and had just returned from a related suspension, Fairvale did not conduct an adequate risk assessment before returning to school.
According to the Supreme Court ruling, one of the victim's colleagues told him that XY wanted to talk to him.
He returned to school and tried to take refuge in the office, but it was closed, while his mother's calls to the school to warn them of the danger were diverted to the answering machine.
Judge Ian Harrison found there were no teachers on duty on the bus who could have deterred the pack or intervened when the victim was taken to the park for the beating.
Other breaches of the duty of care included failing to keep students safe from harassment, failing to keep the school office open after hours for students who need security, and failing to protect pasivo students with physical or psychological problems.
The victim had been diagnosed with autism spectrum disorder in 2012.
“The severity and multitude of violations…were incompatible with the school's primary duty: to keep its students safe,” Judge Harrison wrote.
The judge rejected the state's argument that it was not responsible for the assault because its duty of care did not extend outside the school boundaries or outside of operating hours.
It awarded the student $1.2 million in damages for non-economic losses, future economic losses, past out-of-pocket expenses, future medical expenses and future medical care.
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