Judge slams youth crime crackdown, frees alleged repeat offender on bail

A senior judge who slammed the Minns government’s youth bail laws has doubled down, while freeing an alleged repeat offender with an unbelievable record.

A senior judge who slammed the Minns government’s tough youth bail laws as “draconian” has doubled down on her position, saying the NSW parliament has added an “obstruction” to the rights of children as she granted an alleged repeat offender bail.

Justice Julia Lonergan last week bailed a 15-year-old boy facing charges over a string of car thefts and break and enters – including one where a resident was allegedly assaulted and another where police say the homeowner was held at knifepoint.

Despite the teen having already been bailed four times by the NSW Supreme Court last year, only to wind back up in custody, Justice Lonergan said she had a “high degree of confidence” he would not offend again.

Justice Julia Lonergan has doubled down on her criticisms of the Minns government’s youth bail reforms, in grating an alleged repeat offender bail last week.

In granting the child bail for a fourth time in under 12 months, Justice Lonergan again criticised the Minns government’s reforms of Section 22C of the Bail Act, which require judges to have that “high level of confidence” about the accused’s prospects, before they can grant their release.

She said Section 22C “imposes an additional obstruction to their release to their family and community, despite that child being entitled to the presumption of innocence”.

Her comments come just two weeks after The Telegraph highlighted how Justice Lonergan and fellow top judges, Justice Dina Yehia and Justice Stephen Rothman, had openly slammed the bail laws.

In the instance of the teenager granted bail last week, the Supreme Court heard he was on parole when he allegedly broke into four homes in April and May 2024, stealing cars and, in one case, assaulting a resident.

Justice Dina Yehia.

Justice Stephen Rothman.

Following those alleged offences, he was granted bail in the NSW Supreme Court.

Despite this, the youth was arrested again after breaking into a home a few months later in August, to which he has pleaded guilty.

After again being bailed by the state’s highest court, police allege on the nights of Christmas Day and Boxing Day last year, the boy was driven around town in a stolen car and broke into three more houses – threatening one resident with a knife and demanding their car keys.

Crown Prosecutors told the court the teen was “a risk to the community” and had been known to “move with a group of other young persons and engage in dangerous activity in the nature of break and enters, and stealing cars, and being involved in police pursuits”.

They claimed the police case was “strong”, and included DNA and CCTV evidence allegedly linking the teen to the crime scenes.

Justice Lonergan asked the teen why he wanted to return to the community, to which he said he wanted to “be there for his mother”.

“He said that he loves his family members and does not want to be a poor example for his younger brother,” Justice Lonergan told the court.

The NSW Supreme Court, Sydney. Picture: NewsWire/Bianca De Marchi

Despite his record and the concerns raised by the prosecution, she ruled that a new set of bail conditions – effectively placing the teen under house arrest when not at school – would give him “structure and support” she believed had a “real prospect” of keeping him out of trouble.

Justice Lonergan added a key factor in her granting bail was the fact there could be no “guarantee” a jail term would be imposed.

She also took into account the prospect of the teen spending three months on remand until his trial in May, saying it was “a significant matter” to be behind bars for that period.

Do you have a story for The Telegraph? Message 0481 056 618 or email [e-mail]