Qld magistrate grants bail to 12-year-old for seventh time despite knowing he’d likely reoffend

A Queensland magistrate has defended his decision to grant bail to a 12-year-old intellectually disabled boy who failed to comply with bail conditions six times in two weeks, even as he acknowledged the child would likely reoffend.

A North Queensland magistrate has defended his decision to grant a 12-year-old intellectually disabled boy his seventh round of bail, even as he acknowledged the child would likely reoffend.

“Noah Jackson” failed to comply with bail conditions six times in two weeks, “immediately” reoffending each time he was released.

The boy is among the first to be charged with Queensland’s reintroduced youth breach of bail laws, brought in by the State Government in March as part of a crackdown on juvenile offenders.

But the tragic case of Noah (not his real name), highlighted by Magistrate Eoin Mac Giolla Ri in a recent bail application, is an example of the complex nature of Queensland’s youth crime crisis.

“Ultimately, I must decide this application on the basis that, if released, Noah will be returning to the care arrangement that failed to prevent the offences (he is charged with),” Mr Mac Giolla Ri said.

Magistrate Eoin Mac Giolla Ri pictured with the-then attorney-general, Shannon Fentiman,

The magistrate said Noah, an Indigenous boy with Foetal Alcohol Spectrum Disorder and ADHD, was placed into the care of his extended family as a baby because of parental neglect.

That arrangement “broke down” in March this year and Noah was “surrendered” to the Department of Child Safety.

He was moved into a group home that he regularly left at night to roam the streets.

“The Queensland Police Service conducted 13 curfew checks at the care home between May 6 and May 23 (and) Noah was found to be compliant with his curfew only once,” Mr Mac Giolla Ri said.

Between October 1, 2022 and March 20, 2023, Noah was cautioned by police 23 times for wilful damage, stealing, trespass, common assault and entering a dwelling.

His behaviour escalated after moving into a group home and between May 8 and 22 was arrested and released on bail six times, “immediately” reoffending each time.

Those offences – which are still before the court – included stealing, fraud, wilful damage, unlawful use of a motor vehicle and entering premises.

Cleveland Youth Detention Centre. Picture: Matt Taylor.

On May 23, he was arrested again for entering a premises and breaching the conditions of his bail and was remanded into custody.

He spent 13 days in the Mount Isa watch house and Townsville’s Cleveland Youth Detention Centre before appearing before Mr Mac Giolla Ri for a bail hearing.

He was granted bail with conditions on June 6, with Mr Mac Giolla Ri considering 12 reports, letters and affidavits about Noah’s situation before coming to his decision.

The material painted a bleak picture of his circumstances, including that he’d been the victim of neglect and abuse and that he has “extreme difficulty managing his emotions”.

Reports revealed he would often leave his group home at night to “walk the streets with friends”.

The material also noted he had not been medicated for his ADHD for two years.

“If unable to manage his emotions, Noah will scream verbal abuse at staff or throw items around … Noah may throw rocks, assault staff, make threats to staff and steal staff belongings,” one report said.

“When upset, Noah can engage in risk-taking, including an instance where he grabbed the handbrake and steering wheel while being driven.”

Mr Mac Giolla Ri said he decided to grant Noah bail for the seventh time knowing he would not receive the level of supervision he needs.

“In effect, Child Safety are proposing ‘more of the same’ care, which obviously risks more of the same behaviour,” he said.

He said it was unlikely Noah would be deterred from committing more crimes by a fear of returning to custody.

“There remains a question as to whether a 12-year-old with intellectual disabilities can actually be deterred by the prospect of detention,” he said.

But Mr Mac Giolla Ri said detention was not an appropriate place for a child who is “very young, immature, has low cognitive ability and high developmental needs”.

“I have no reason to expect that the regime at Cleveland Youth Detention Centre of keeping children in their cells for 21 hours a day, as discussed in numerous recent decisions, has improved,” he said.