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Bail laws and their application to juvenile accused is in the public conversation after alleged stabber’s 24 hour bail out

The relative of the 17-year-old alleged victim of a stabbing incident in Smithfield which police said “could have been a homicide” said she feels disillusioned by a justice system that readily fines people for the use of a mobile phone but bails out teens facing serious allegations in a day’s time.

Detective Inspector Jason Chetham announced Cairns police arrest a 68-year-old Gordonvale man with 121 child sex offences as part of Operation Tango Welsh.

A relative of the 17-year-old alleged victim of a stabbing incident in Smithfield which police said “could have been a homicide” said she feels disillusioned by a justice system that readily fines people for the use of a mobile phone but bails out juveniles facing serious allegations in a day’s time.

The decision has prompted a response from the opposition and government, as a general conversation now swirls around bail laws and how they apply to accused teens.

The relative, who cannot be legally named as it would identify a child victim of crime, said she was astounded the courts appeared to view allegations differently based on the age of the accused.

“Their mentality is that they are untouchable and the system is just backing that up (if they’re granted bail when there are serious allegations made against them).”

The case has prompted broader general concern among the community about the strength of bail laws and how they apply to accused teens, particularly with regard to allegations of knife crime.

A magistrate in Cairns on Wednesday granted bail to a 15-year-old barely 24 hours after her arrest over the alleged stabbing attack on two girls at a dog park in Smithfield.

Speaking generally, Opposition Leader David Crisfaulli to promised to “unshackle” the judiciary with better solutions.

“Far North Queensland communities are sick of living in fear,” Mr Crisafulli said.

“The LNP Opposition will continue to fight for our solutions to be adopted including consequences for actions, unshackling the judiciary by removing detention as a last resort and gold-standard early intervention.”

He blamed weaker laws, fewer police and the “chaos and crisis” within the current government for the state’s appalling youth crime turmoil.

David Crisafulli. Picture: Steve Pohlner
David Crisafulli. Picture: Steve Pohlner

According to Child Safety Minister and Barron River MP Craig Crawford, youth crime was a “top priority” to address not just as a government but as a society.

“Everyone deserves to feel safe in their homes and community, all of us should be able to enjoy life without fear of being broken into, robbed, stabbed, bashed or car jacked,” he said.

He called out youth crime as unacceptable and said he was “deeply troubled” by the reports of alleged violent youth behaviour and knife crime.

“For legal reasons, I obviously can’t comment about matters in the hands of police and before the courts,” he said.

“In answer to public demands, we have created presumption against bail for serious repeat offenders and have given the courts the laws they need to be able to impose serious consequences.

Craig Crawford. Picture: NCA NewsWire / Dan Peled
Craig Crawford. Picture: NCA NewsWire / Dan Peled

“In cases like this, the government has funded specialist police prosecutors to examine decisions to determine if there are grounds for appeal.”

Queensland Police Service on Thursday afternoon confirmed they would not be lodging an appeal in this case.

On Monday evening, two girls aged 17 and 18 were walking their dog at Rainy Mountain Park in Smithfield when police allege they were verbally abused and then assaulted by a group of teenagers.

The situation turned physical after one of the girls called her parents for help and both girls sustained severe injuries, with the 18-year-old suffering a punctured lung and a wounded abdomen.

The 18-year-old was taken to Cairns Hospital in critical condition in an attack described by Acting Inspector Jason Chetham as one which “could have easily been a homicide”.

On Tuesday night, police arrested and charged a 15-year-old Yorkeys Knob girl with grievous bodily harm and other charges, including an earlier assault on a Sunbus driver over the weekend.

The teenager had her matters heard in the Cairns Childrens Court on Wednesday and was released on bail, prompting criticism from the community and sparking conversation generally about the strength of bail laws as they apply to teens, particularly when allegations of knife crime are involved.

sandhya.ram@news.com.au

Originally published as Bail laws and their application to juvenile accused is in the public conversation after alleged stabber’s 24 hour bail out

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Original URL: https://www.ntnews.com.au/news/cairns/bail-laws-and-their-application-to-juvenile-accused-is-in-the-public-conversation-after-alleged-stabbers-24-hour-bail-out/news-story/0d581cfbcda631117f03b557ce6f0743