Boy accused of violent carjacking of elderly woman in Toowoomba shopping centre asks for release
One boy accused of ripping an elderly woman from her vehicle in a violent carjacking has claimed he will behave when reunited with family.
Police & Courts
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A teenager accused of violently carjacking an elderly woman has applied for release ahead of his trial.
Police allege the boy, and a co-accused Rockville teen, flung an 85-year-old woman out of her car in a Wilsonton Shopping Centre car park.
The pair allegedly then fled in the woman’s vehicle leaving her injured on the ground.
The car was later found abandoned in Cherbourg while the boy handed himself in to police two days later.
He was remanded and sent to a detention centre where he has remained for nearly five months.
The court was told the boy had a history of offending, including breaking and entering.
His solicitor Alysha Jacobsen argued the teenager was only drawn to criminal activity when he was separated from his family, particularly in the wake of recent family deaths.
“He instructs that most of his offending has occurred in circumstances where he’s taken away from his family,” she said.
“He gets really upset about not being able to see them, so he commits offences.
“His not being able to deal with his grief has been a significant factor in terms of his offending.
“If he was closer to his family, if he had that family support he would be in a much better mindset, much more settled and a lot happier.”
Ms Jacobsen put forward a set of strict conditions, including a 24-hour curfew and a specified bail address would eliminate the risks of reoffending.
She added, with the time the boy had spent in custody, he was at risk of spending an unjust amount of time behind bars.
Prosecution argued the 17-year-old had breached bail on multiple occasions and was showing signs of escalating bad behaviour so therefore too high a risk to the community.
“He has been afforded the benefit of countless opportunities in relation to cautions and being diverted from the Youth Justice system by police,” the prosecutor said.
“(Allegedly) he’s gone on to commit a very serious offence, being a robbery offence.”
Magistrate Kyna Morice questioned why the boy had a history of offending offences in proximity to his family despite Ms Jacobsen claims he would not.
“What is enough contact for him, such that he won’t commit offences?” Ms Morice asked.
“The incredibly challenging position I’m in is that prosecution argues that based on this incredibly serious offence … he is an unacceptable risk of endangering the community on bail.
“Although I accept the submissions you’ve made Ms Jacobsen, I can’t see how the conditions you’ve put forward are practically able to mitigate that risk.”
Ms Morice denied bail on the grounds a risk of reoffending was too great.
The boy was committed to stand trial before the higher court on charges of robbery in company with violence and unlawful use of a motor vehicle.
He is further charged with five lesser offences and will appear in Childrens Court on the matters on March 13.