NewsBite

Exclusive

Magistrate Gail Hubble says of notorious young criminal: ‘I’ve lost count of how many times I’ve given him bail’

One of Victoria’s worst teen offenders, charged more than 400 times, has been set free without further supervision as the magistrate admits he won’t follow court orders.

One of the state’s worst youth offenders has been set loose on Victoria’s streets without further supervision after a court deemed he wouldn’t comply anyway.

Releasing the notorious teen thug, Magistrate Gail Hubble said the 419 days he had spent in detention awaiting sentencing was “extraordinary” – despite the fact that he had been charged with more than 400 offences and breached bail dozens of times.

Throwing her hands up, she said: “He’s been unable to comply with bail or satisfactorily complete a community order … I don’t think he can do a community order at this point.”

Her decision shocked even the 15-year-old’s lawyer, and the prosecution who were calling for the thug to complete a community-based order on his release, including behaviour change programs.

The boy, on a refugee visa, made front page headlines in the Herald Sun when it emerged he had almost 400 charges struck out due to his age and had been bailed more than 50 times.

He has repeatedly breached court orders, going on to commit terrifying crime sprees including home invasions, car thefts and robberies within days of his release.

It is understood he first came to police attention when he was just 11 years old.

Magistrate Gail Hubble released the teen without further supervision. Picture: David Geraghty
Magistrate Gail Hubble released the teen without further supervision. Picture: David Geraghty

Despite rehabilitation being the primary consideration in sentencing a young offender, Ms Hubble said the teen’s shocking history of thumbing his nose at court orders showed he was not capable of completing them.

“I’m not sure a community order is best,” Ms Hubble said.

“We’ve given him bail so many times, it leaves me flabbergasted.

“I’ve lost count of how many times I’ve given him bail.”

As the boy fronted court this month for sentencing on his latest offending, and for breaches of community orders, his lawyer, Vincent Vuu, was surprised when Ms Hubble indicated she was looking at a punishment that would see his client’s immediate release.

“I wasn’t expecting that,” Mr Vuu said.

Police had pushed for detention, followed by his release on a Youth Attendance Order where he would continue to be supervised by youth justice and undergo behaviour change programs.

“The youth justice report says they were still hoping, even though he has refused to do so, that he be involved in the statewide rehabilitation service,” the prosecutor said.

“I felt like this could be something quite beneficial for him. There’s still concerns in the youth justice report about him.”

But Ms Hubble released him on time served, saying the 419 days the boy had spent in detention awaiting the outcome of these matters was “extraordinary” for someone his age.

“Surely that’s enough?,” she said. “It’s an astoundingly long period.

“The court is certainly concerned about his risk to the public, but also very concerned about him becoming institutionalised.”

The Herald Sun has highlighted the teen’s legal history. Picture: Herald Sun
The Herald Sun has highlighted the teen’s legal history. Picture: Herald Sun
The boy has been bailed more than 50 times.
The boy has been bailed more than 50 times.

The experienced children’s court magistrate said the teen would have the added supervision of child protection as he was in the state’s care and would be released back into a residential care unit.

The prosecutor pointed out that child protection had been involved for some time without success in controlling the boy.

An earlier court heard how the boy had run away from his residential care 23 times between December and June last year.

During that time he committed crimes, described previously in court as “revolting”, including aggravated burglaries, smashing into booze and lotto shops with a sledgehammer and driving stolen cars at high-speed while being pursued by police.

In his latest offending, the teen was involved in a spate of aggravated burglaries and car thefts in Springvale, Mulgrave, Caulfield South, Beaumaris, Prahran, Camberwell and Malvern East in February.

Ultimately, Ms Hubble sentenced him to four months youth detention, meaning with time already served, he was released immediately on July 3.

His rap sheet now includes guilty pleas to at least six aggravated burglaries, 14 car thefts, four robberies, three shop thefts, and other offences, including dangerous driving, trespass, damage property and dishonestly handling stolen goods.

Many other charges were struck out in plea deals with the prosecution over the last 12 months.

The boy previously had 388 criminal charges against him struck out, due to the doli incapax rule, where a child aged 10 to 14 can’t be held criminally responsible.

He has spent 663 days in detention overall – believed to be the longest of any youth in Victoria.

Originally published as Magistrate Gail Hubble says of notorious young criminal: ‘I’ve lost count of how many times I’ve given him bail’

Add your comment to this story

To join the conversation, please Don't have an account? Register

Join the conversation, you are commenting as Logout

Original URL: https://www.thechronicle.com.au/news/victoria/magistrate-gail-hubble-says-of-notorious-young-criminal-ive-lost-count-of-how-many-times-ive-given-him-bail/news-story/4c1f7cf3060e1d959dc377ed8122aff9