A judge has reprimanded lawyers representing a 16-year-old boy accused of murder for submitting erroneous information to the court, failing to verify documents generated by artificial intelligence (AI). Justice James Elliott expressed his disapproval in the Supreme Court of Melbourne, emphasising that AI outputs must be meticulously verified before being presented in a legal setting.
The case involved the boy, who was found not guilty by reason of mental impairment for the murder of a 41-year-old woman in Abbotsford in April 2023. All parties involved, including the prosecution and two psychiatrists, acknowledged that the boy was mentally impaired at the time of the incident due to schizophrenia and delusions.
It was revealed that the boy’s legal team, comprising senior barrister Rishi Nathwani KC and junior barrister Amelia Beech, had not adequately reviewed their submissions before filing them, which contained significant errors such as fictitious case citations and incorrect quotes from parliamentary speeches. This lack of scrutiny led the judge to note that the documents were not signed by any barristers or solicitors, and the defence admitted to relying on AI-generated information, which the court could not verify.
The prosecution, who also failed to validate the defence’s claims, drafted their submissions based on the flawed documents. Upon realising the mistakes, the defence team apologised and submitted corrected documents. However, Justice Elliott pointed out that the inaccuracies persisted in the revised submission, which referenced non-existent laws.
The situation prompted Justice Elliott to underscore the importance of accurate submissions, stating that the ability to rely on such documents is essential for justice. He reiterated that all parties must adhere to the Supreme Court’s guidelines concerning the use of AI, cautioning that its unchecked use could severely compromise the court’s capacity to dispense justice.
Following the incident, both lawyers offered sincere apologies, with Nathwani expressing embarrassment over the situation. Prosecutor Daniel Porceddu also admitted that he had not verified the defence’s references because he was in agreement with their conclusions.
The boy, who was present during the proceedings, is to remain under supervision at a Youth Justice Centre due to his mental impairment. He faced allegations of complicity in a murder plot intended to steal the woman’s car, execute a bridge explosion, and establish an anti-communist militia, which was never put into action, leading to his arrest near Ballarat.
Justice Elliott noted the lack of adolescent psychiatric units in Victoria, unlike in New South Wales, highlighting the need for the boy to continue receiving treatment for his schizophrenia while in youth justice. He is scheduled to return to court for a supervision hearing on November 5.
Support for mental health issues is available through Lifeline, beyondblue, and Kids Helpline.