Magistrate rejects bail for Mackay teen offender with 13-page criminal history

The only time this community got a reprieve from offending is when the 16-year-old boy with a 13-page criminal history is in custody.

A prolific youth offender accused of unlawfully using two stolen cars has been denied bail and remanded in custody.

A police prosecutor has argued “enough is enough” during a bail bid for a prolific Mackay juvenile offender with a 13-page criminal history.

Mackay Children’s Court heard the 16-year-old boy had been linked to at least 19 stolen cars, armed robbery with a knife, multiple break and enters and a litany of drug and stealing crimes.

“The only time this community has had a reprieve is when this defendant has been in custody,” Police Prosecutor Sergeant Jay Merchant said as he strongly objected to the teen’s bail.

“Enough is enough, this (child) needs to be remanded in custody, this community deserves a break.”

Ultimately Magistrate Athol Kennedy found that no condition could protect the community against any risk of reoffending.

This publication was granted a rare insight into childrens court proceedings in relation to this case.

The boy is currently facing two unlawful use of a motor vehicle charges, one of which allegedly occurred 11 days after he had been sentenced in court for a different matter.

Man stealing a car

Sergeant Merchant underpinned his arguments against bail on recent reforms to Youth Justice laws that shift focus to protecting the community from recidivist high-risk offenders.

The Youth Justice principles charter now states youth offenders “must” be kept in custody if there is an unacceptable risk of committing an offence that endangers the safety and welfare of the community as well as the accused.

Sergeant Merchant tendered a stack of documents including “20 bundles of charges” that he argued showed the child had “like offending that spanned a period of time”.

The court heard these documents detailed 70 charges including 19 for unlawful use of a motor vehicle, 13 for drugs, 12 for stealing, six for entering premises, five for burglary, fraud and tainted property.

One of the cases involved the child suffering serious injuries when a stolen car crashed – he was later charged with unlawful use of a motor vehicle.

“Public safety is paramount and community confidence is essential,” Sergeant Merchant argued.

“And my submission is the community, if this (child) is released, would not have confidence that the offences would stop.”

A Youth Justice representative, who appeared during the bail application, told the court the child was currently on two conditional release orders, both of which he had breached through noncompliance.

She told the court on one occasion when he attended the Youth Justice office for an interview in relation to both orders “he was under the influence of alcohol”.

The teen was also still subject to two 80-hour community service orders, handed down in 2019 and 2020, which had not been finalised.

The court heard he had also been placed on two conditional bail programs and there had been numerous instances of noncompliance.

Mackay Childrens Court heard keys were left in the vehicle of a car police allege the teen stole. Photo: Peter Holt/ Daily Mercury

Legal Aid Queensland solicitor Erin Beer argued her client was a “child under the legislation” and was in custody on a charge for which he had not yet been convicted.

“My client should not be kept in custody because of his history,” Ms Beer said.

Ms Beer argued, in relation to one of the charges, it was “a relatively weak circumstantial case” and there were no witnesses or CCTV footage placing her client behind the wheel of the stolen car or in the vehicle.

Ms Beer told the court there was insufficient evidence to ground concerns for both community protection and her client’s welfare and argued under legislation children could only be kept in custody as a last resort and for the least time that was justified.

The court heard the child had no convictions for failing to appear.

Magistrate Athol Kennedy, in handing down his decision, highlighted the Youth Justice principles charter, which lists community protection at number one.

Mr Kennedy went through the legislation focused on determining whether or not a child should be released or kept in custody.

“You’re remanded in custody, bail is refused on the basis that there is an unacceptable risk of further offending and there are no conditions that this court can impose to ensure that you do not reoffend,” Mr Kennedy said.

Childrens court proceedings at the magistrates level are always closed, however under Queensland legislation media can apply to be present and report on a case.

This successful application highlighted the high level of community interest over car theft and unlawful use cases especially in relation to youth offending.

Police figures show there have already been 223 reports of unlawful use of a motor vehicle between January and May this year.

Sergeant Merchant labelled the outcome a success.

“I am genuinely pleased with the bail decision,” Sergeant Merchant said.

“(The) result was a culmination of police and prosecutions working in consort with one another to do what we can to reduce recidivist offending within our community.”

The case has been listed for mention in Mackay Childrens Court at a later date.