Chief Justice Michael Grant defends decision to bail teen with history of breaching bail
A decision to bail a teen with a history of breaching his bail has been defended by the Territory’s top judge, who says the courts ‘frequently’ grant ‘compassionate bail’ – but the Attorney-General has signalled the NTG are willing to do whatever it takes.
Northern Territory
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A decision to bail a teen with a history of breaching his bail has been defended by the Territory’s top judge, who says the courts “frequently” grant “compassionate bail” – but the Attorney-General has signalled the NTG are willing to do whatever it takes
NT Chief Justice Michael Grant issued a statement defending Supreme Court Justice Meredith Day Huntingford’s decision to uphold a bail decision for a 17-year-old boy.
In his statement, Justice Grant said some of the commentary around the decision to grant bail “misunderstands the considerations” courts are required to make.
“The courts frequently grant compassionate bail to adults in custody and youths in detention in the application of the existing bail laws to permit them to attend funerals or comply with cultural declarations,” his statement said.
“Those determinations require a complex balancing exercise between the competing considerations under the bail legislation.
“The risk of some breach of bail must be balanced against the condition of bail which might be imposed to reduce that risk and the need to adopt a humane approach to family bereavement and cultural obligation.”
This masthead asked NT Attorney-General Marie-Clare Boothby if the government had any plans to make “compassionate bail” harder to achieve.
In response, Ms Boothby said “all options are on the table when it comes to reforming our justice system, because it has failed victims and the community for too long”.
“We were elected to reduce crime, and we are doing whatever it takes to do just that.”
It is understood Ms Boothby met with Justice Grant Thursday afternoon.
The teenager was granted bail in the Local Court, but the Crown sought a review of the decision in the Supreme Court.
Justice Huntingford upheld the bail application and made her decision under the Bail Act, and the boy was granted bail to attend a funeral at a remote community, where he allegedly absconded.
At the hearing, the court heard how the teen had a history of breaching his bail.
NT Police caught him less than 24 hours later, and he has since been charged with breaching his bail.
Justice Grant defended the bail conditions imposed on the teen – such as the lack of electronic monitoring, which he said would not have been “practicable within the community”.
“In any event, (the teen) was apprehended shortly after he absconded without the assistance of electronic monitoring,” his statement said.
He also said the teens flight – which this masthead understands cost taxpayers an estimated $7k – was organised by the Department of Children and Families (DCF), who had already secured a quote at the Local Court bail hearing.
Previously, a DCF spokesperson told this masthead “the Supreme Court ordered the young person be permitted to attend [the funeral], the means of travel, and that our staff accompany them”.
“This meant we had to take all steps necessary to facilitate compliance with the order,” the spokesperson said.
At the teen’s bail hearing, Justice Huntingford said the teen had a background of “extreme disadvantage” when weighing up her decision.
She accepted submissions from the teen’s defence lawyer the funeral had significant cultural value.
The court heard further allegations that while the teen was in breach of previous bails, he committed violent assaults on his grandmother and struck a 77-year-old man during a home invasion.
The teen was also bailed in November last year, where he is alleged to have assaulted his partner, and alleged to have participated in a home invasion during which a baby had her skull fractured in December.
In the bail hearing, Justice Huntingford noted the boy is not alleged to have struck two-year-old Antonia Siguenza with a fridge pole, fracturing her skull and requiring her to be sent interstate for treatment.
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