Event and Time
Event Description
This case concerns an application for bail by GG, a 16-year-old Aboriginal child with diagnosed mental health issues. The applicant has been in custody since December 31, 2020, after bail was revoked due to alleged breaches of curfew and residence conditions. He faces multiple serious charges, including armed robbery, assault, and false imprisonment, stemming from incidents between 2019 and 2020.
Application and Claims
- GG applied for bail after being remanded in custody.
- The applicant claims there are exceptional circumstances that justify his release, including his age, lack of previous criminal history, mental health support needs, and family willingness to accept him back into their home.
Judicial Decisions
The court acknowledged that the exceptional circumstances test was satisfied; however, the concern remained over the "unacceptable risk" of the applicant endangering the safety or welfare of any person while on bail.
Dispute Points and Legal Basis
Dispute Points
Applicant's Arguments:
- Exceptional Circumstances: GG's youth, lack of criminal history, engagement with Youth Justice, and familial support should mitigate the risk.
- Mental Health: GG suffers from selective mutism, anxiety, and ADHD, necessitating care and support rather than detention.
- Alleged Offences: Claims that the evidence against him, particularly in the most serious case (Duffy matter), is circumstantial and relies on conflicting witness accounts and lack of clear CCTV evidence.
- Family Support: His mother is now open to him residing at home, with measures taken to ensure safety, including a Family Violence Intervention Order (FVIO) being in place.
Respondent's Arguments:
- Unacceptable Risk: The prosecution insists that GG poses a risk to community safety and may commit further offences or interfere with witnesses.