Police Association secretary sergeant Wayne Gatt called the sentence "an oversight" and said the senior constable and his family were surprised and concerned the teenager was allowed to walk free. "He and his family in particular have real concerns about how this matter is being dealt with," Sergeant Gatt said. "Even if you removed the length of sentence from the debate entirely, an outcome that in these circumstances sees a sentence handed down without conviction being recorded leaves questions about what will happen if we find ourselves in court in the future." CCTV footage of the teen kicking the police officer at Highpoint Shopping Centre. Credit:Victoria Police Police officers are growing accustomed to their attackers walking free after they are viciously assaulted in the line of the job, Mr Gatt said, calling for reform.

"This case demonstrates a failing in sentencing legislation," he said. "The real issue here is conviction. If you take a myriad of views about the length of that sentence out of the equation and competing views about the age of the young person, 99 out of 100 people will say that action against a police officer should be etched in time on the record. "That is probably the smallest element of the sentence but is the biggest oversight." The officer returned to work almost immediately after he was kicked in the head and left with a black eye. He was detaining another person for shoplifting when he was assaulted. Attorney-General Martin Pakula said he had a longstanding practice of not commenting on individual sentences but maintained he understood why the Police Association was disappointed.

He said the community often queries individual decisions but the broader context was also important, citing another decision on the same day in which the Children’s Court “uplifted” another youth offender to the adult system because of the seriousness of that offending. Police union secretary Sergeant Wayne Gatt. Credit:Jason South “I don’t think any one decision gives you a complete reflection or a complete story of what’s going on in our youth justice system,” he said. Mr Pakula said he understood that in the latest case police prosecutors did not make a sentencing submission seeking a custodial sentence. “So the court makes decisions based on the materials that is before it.”

Mr Pakula said new laws would make it much more likely that young offenders would be dealt with by the adult system if they were serious repeat offenders. But shadow attorney-general John Pesutto said the decision would send a "terrible signal" that offenders on probation could assault a police officer and "escape the consequences". "This decision will outrage Victorians who are crying out for the Andrews government and courts, including the Children’s Court, to attach real and meaningful consequences to violent behaviour, especially when it’s aimed at police officers or other first responders." Mr Pesutto alleged youth control orders - introduced by the Andrews government to give the Children's Court power to implement curfews and enforce school attendance - would make it easier for young offender to avoid custodial sentences. In another assault last year, a female police officer needed reconstructive surgery when she was bashed by an ice addict while making an arrest in Glenroy in April.

Her attacker escaped with 200 hours' of community work. He originally faced the charge of assaulting an emergency worker - which carries a mandatory six months' jail sentence - but this was dropped due to his mental illness. Denis Nelthorpe, chief executive at West Justice, a community legal service in Melbourne’s outer western suburbs said there must have been a "powerful argument" as to why to prosecutors did not apply for a custodial sentence. "This is one of the most high profile cases in the Children's Court in recent times, and the police prosecutors are not fools, so it's reasonable to assume they have talked to the informant and they have made a considered decision not to apply for a custodial sentence," Mr Nelthorpe said. "This is one of the most high profile cases in the Children's Court in recent times, and the police prosecutors are not fools, so it's reasonable to assume they have talked to the informant and they have made a considered decision not to apply for a custodial sentence," Mr Nelthorpe said. "As a community we need to let the judges, prosecutors and defence lawyers do their job. Police in the west, like everyone else, are concerned that putting young offenders into detention for significant periods, if there is another alternative, creates the risk it will influence their behaviour negatively and increase the likelihood they will become lifelong, hardened criminals." Mr Nelthorpe said investment into resources to support young people found guilty of serious offences to the "greatest extent possible" is critical to reducing re-offending. Mr Nelthorpe said investment into resources to support young people found guilty of serious offences to the "greatest extent possible" is critical to reducing re-offending.