The boy has been on remand since February for alleged offences including attempting to rob a takeaway shop owner at knifepoint in Townsville.
He had been granted bail 10 times within months and was charged with more than 50 offences.
On one occasion while on bail, the boy allegedly held a weapon at his carer’s neck while making demands inside a moving car.
In the High-Risk Youth Court in Townsville, Magistrate Steven Mosch was told the boy had committed 49 offences inside the Cleveland Youth Detention Centre since February.
The court heard the offences included spitting at prison staff.
“There is certainly an unacceptable risk wherever he is,” police prosecutor Tasman Murphy said.
“His offending seems to have consistently escalated in seriousness and frequency.”
The boy’s solicitor, Michael O’Dea, applied for bail, but Mosch denied the application and said the matter was “challenging”.
“There’s an unacceptable risk that he would commit further offending and endanger the safety and welfare of members of the public,” he said.
‘Vulnerable’ boy with complex problems
The matter has shed light on the complexity of the boy’s life and how the justice system may deal with him.
O’Dea said the boy was “extremely vulnerable” and had “huge” mental and intellectual impairments for which he would not take medication.
“He is probably more like a three- to five-year-old,” O’Dea said.
“His understanding of his wrong is almost nil. He doesn’t understand what a curfew is … he’s not going to comply with a curfew.”
The court heard the boy lacked family support, had never had structure in his life and stopped going to school at about the age of six.
O’Dea said the matter might take a long time to finalise.
“We can’t keep young people locked up forever,” he said.
“He’s locked up in an institution … which is not a suitable place for this young man.”
Murphy said the boy had been offered cautions and restorative justice in the past.
The magistrate is waiting to see an assessment of the boy to consider in any determination of whether he is fit for trial and the charges can be dismissed.
– ABC / Sofie Wainwright
