’We do have the power’, says magistrate Mark Bucknall as he revokes bail of alleged Deception Bay McDonald’s knife attacker, 16
A magistrate has revoked the bail of a 16-year-old stabbing accused, saying tough sentencing is available and courts must consider where community safety ‘trumps’ keeping juveniles out of jail. And he has the Premier’s support.
Police & Courts
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Premier Steven Miles has urged Queensland’s magistrates to heed the words of a fellow court colleague who revoked the bail of a 16-year-old boy accused of stabbing another teen in the face.
Redcliffe magistrate Mark Bucknall had on Monday backed the state’s courts to tackle the mounting youth crime crisis as he revoked the teen’s bail, quoting legislation as he said it was up to the courts to decide whether a juvenile offender posed a risk to community safety and if a tough sentence should be imposed.
Mr Bucknall said courts were “armed with significant powers through section 48AAA of the Youth Justice Act” as he revoked bail of the teen boy for posing an unacceptable risk to the community.
Mr Miles has previously faced backlash for claiming the safety of Queenslanders was being “held to ransom by rogue courts and rogue justices”, in what legal figures viewed as a breach of separation of powers.
On Tuesday Mr Miles said he supported Magistrate Bucknall’s comments.
“What he said is what we have consistently said - that magistrates and judges have the tools that they need to keep the community safe,” Mr Miles said.
“We’d urge other judges and magistrates to look at these comments (made by Magistrate Bucknall)”
Mr Bucknall had granted an application by The Courier-Mail to report on the case of the 16-year-old who allegedly stabbed another boy, 17, in the face, hand and neck at a Deception Bay McDonald’s on Saturday night.
It was revealed the accused had been in court three times this year, with Mr Bucknall deeming the child, who could not be identified, an unacceptable risk to the community.
“I hear about weak youth justice laws and everything like that,” Mr Bucknall said.
“The courts are armed with significant powers through section 48Aaa of the Youth Justice Act.”
Mr Bucknall said the section provided powers for courts to impose tough sentences or penalties on youth offenders if they posed an unacceptable risk to the community or were likely to reoffend.
“Whilst I read the media every day, I never see that position or that particular piece of legislation referred to,” he said.
The 16-year-old, who was already on bail at the time of the alleged offence, had been convicted of eight breach of bail offences and six finalised breaches of bail.
Senior police prosecutor Spicer referred to the teen’s action as a “massive escalation” in violence.
“His history simply speaks volumes,” she said.
“I don’t think there is any other submissions I can put on the record, other than the fact that the charge before the court today is of an extremely serious nature, it is a massive escalation in his offending.
“This is the third time that the accused has been subjected to revoke bail in 2024 alone.”
Included in the long list of offences related to the matter, the teen is accused of grievous bodily harm after the 17-year-old was left with several gashes following the McDonald’s incident.
The teen’s mother admitted that she had lost “all control” over her son in the lead-up to the alleged offence and also admitted that his father was no longer in the picture.
“There comes a point in time where the interests of the community and the safety of the community trumps the specific interests of the community in treating juveniles with care and avoiding their incarceration, particularly whilst awaiting sentence,” Mr Bucknall said.
“I am of the view in this case that his bail should be revoked to secure the ongoing interest of community and safety of the community.”
A 13-year-old boy was also charged with one count of unauthorised dealing with shop goods following the incident.
The 16-year-old will remain behind bars until May 20, when he is next scheduled to appear before court.
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