Teen accused of violent Cranbourne carjacking while on bail gets bailed again
A 13-year-old boy has been granted bail again by the same magistrate after allegedly threatening two women with a knife in a terrifying carjacking in Melbourne’s southeast.
Police & Courts
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A 13-year-old boy has been bailed for a second time by the same magistrate after allegedly threatening two women with a knife in a terrifying carjacking.
The teen, who cannot be named for legal reasons, had been out on bail for only 12 days when he allegedly terrorised the women at knifepoint on February 25 after sneaking out of his family home in Melbourne’s southeast.
He fronted a children’s court on Thursday where he was read the riot act by Magistrate Gail Hubble, who bailed him in early February following “serious” alleged offending.
“You won’t be given more chances if you do the wrong thing this time,” she told him.
“You must go to school, you must follow the rules in your family, if you ever carry a weapon again, if you ever threaten anybody or try to steal people’s things again … you will have to go back to Parkville and be locked away from the community.”
She added: “I don’t know what’s happened to you, but being in our community is a privilege.
“For a while you gave up the right to be among us … now, you have to earn that trust back.”
He was ordered to abide by a curfew, attend school every day and not associate with one of his mates, who has been dubbed one of the state’s worst young offenders.
“She can stay up at night and look at the door,” Ms Hubble said of his mother.
“I’m not joking. This child is to be supervised around the clock.”
The accused carjacker applied for bail last week, but was forced to spend nine days at Parkville Youth Justice Centre as case workers assessed his suitability for release.
The court last week heard two friends, aged 18 and 19, were sitting in a parked car off Thompsons Rd in Cranbourne when they were approached by the teen after midnight.
He struck up a conversation with the young women before he allegedly pulled out a knife and made demands for the car.
The women, who were not injured, managed to escape and raise the alarm.
First constable Jess Lomax told the court he jumped into the driver’s seat once the women had fled, but was “unable” to start the car.
In opposing bail, Constable Lomax said the teen had been charged with “very serious offending” in recent months, including armed robbery.
“I know that … previously he’s used a knife when the victim has pulled her laptop up to her chest in fear,” she alleged.
“He’s pressed the knife against her chest.”
She added: “The concern is … given he’s breaking curfew, given he’s still offending, given there’s a huge rise in his level of offending, the next time he could potentially hurt someone or kill someone, especially given he’s using weapons.”
But his defence lawyer argued her client should be granted bail to return to his family home, given his young age, lack of prior convictions and Youth Justice support.
His father gave evidence on Thursday, telling the court the family would fix the locks on the door he used to sneak out and ensure he had no access to knives.
“I want you to sleep in the room with him,” Ms Hubble said.
“I will actually do that. I will,” he replied.
Ms Hubble said she was satisfied the risk to the community had been brought down to an “acceptable level”, but said the alleged offending was of “enormous concern”.
The teen has been charged with aggravated carjacking and assault.
However, the prosecution will need to rebut the presumption of doli incapax, which presumes children under the age of 14 lack the capacity to be criminally responsible for their acts, for the teen to be convicted.
“In my experience, the majority of charges that are laid against children who are 13 are ultimately withdrawn by police,” Ms Hubble said.
He will return to court on March 20.
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