Boy who allegedly bashed Darwin council alderman Gary Haslett was on bail at the time, court hears
One of the 13-year-old boys who allegedly bashed Darwin council alderman Gary Haslett on Wednesday was on bail at the time and may be exempt from prosecution, a court has heard.
Police & Courts
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ONE of the 13-year-old boys who allegedly bashed Darwin council alderman Gary Haslett on Wednesday was on bail at the time and may be exempt from prosecution, a court has heard.
Mr Haslett was left bloodied and bruised after being set upon and robbed by two youths at the Casuarina Shopping Centre and police subsequently arrested two 13-year-old boys in relation to the attack.
On Friday, the two boys faced the Youth Justice Court where counsel for one of them, Nicholas Espie, said his client had been living at the Saltbush supported bail accommodation facility prior to his arrest.
Mr Espie said the boy already had a hearing listed to determine whether he could be held criminally responsible for earlier alleged offending under the doctrine of “doli incapax”.
The legal principle means that a child over the age of 10 but under the age of 14 can only be held responsible for alleged offences “if the child knows that his or her conduct is wrong”.
Judge Elisabeth Armitage agreed to order a bail assessment for the boy but indicated “that may not be a strong option” given he was already on bail at the time of his alleged involvement in the bashing.
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“Someone else from Territory Families will be talking to you about Saltbush, what happened at Saltbush, what your plans are and also what’s happening a little bit in your family and your care circumstances so we’re going to find out a little bit more about you,” she told him.
The other boy’s lawyer, Katherine Paterson, did not request a bail assessment and he was remanded in Don Dale and will return to court in September.
“Your lawyer is going to get all the information from the police about the trouble that they think you’ve been involved in and your lawyer is going to come out and see you at Don Dale and talk to you about that,” Ms Armitage said.
The first boy was also remanded in custody until he returns to court later this month.