A 13-year-old boy has been arrested and refused bail in relation to a fire at Glenroi Heights Public School last year.
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The boy, who cannot be legally named or identified, was due to appear in court on Friday, October 13, for a hearing into whether he could be held criminally responsible for breaking into the school and causing the fire on December 5, 2022.
The hearing held in Orange Children's Court, was to challenge the Doli Incapax principle which follows the presumption that a child under the age of 14 is incapable of criminal intent.
Magistrate David Day had to determine if the 13-year-old had the capacity to know what he was doing was wrong and if the boy could be found criminally responsible.
He said Friday was the third time the hearing had been listed.
The boy's solicitor Andrew Rolfe said one of the previous attempts was adjourned so the 13-year-old could attend a drug rehabilitation facility. However, he ran away from the facility.
Police prosecutor Sergeant Beau Riley said the boy had been actively avoiding police and Mr Day said since the fire he absconded on twice while on Supreme Court issued bail.
As a result, Mr Day issued an arrest warrant when the boy failed to appear in court for the hearing on Friday morning.
However, he ordered the warrant to be held in the court registry office until midday and police arrested the boy in Orange on Friday morning before that warrant became active.
The hearing went ahead later on Friday the afternoon.
The hearing
Police brought the boy into the courtroom and because he was small enough to get out of the dock, one of the officers was asked to wait by unlocked back doors in case the child tried to run. However, he sat quietly throughout the hearing.
Sergeant Riley presented the court with a range of documents including an interview the boy did with the police to prove the boy knew what he did was wrong and not just naughty.
He said the boy freely engaged with the police in the interview and referenced Doli, and he demonstrated knowledge of the potential for a jail sentence.
"I've got a f---ing life ahead of me, I'm not living in a cell for the rest of my life," the boy was quoted as saying.
"I submit that he knew about the significance of the fire and the result that would come from such a significant incident," Sergeant Riley said.
"He knows about Doli and goes on to say, if I interview I won't get Doli, knowing the word Doli itself is strange, it's strange for a young man but if you look at [his] record it makes sense that [he's] picked up a few words.
"He does know what happens when you commit offences and action is taken."
Mr Rolfe said the prosecution did not have expert evidence from psychologists or the boy's carers about his education and level of understanding, development or mental health status.
Although other children's courts didn't find the boy had the capacity to form intent in previous Doli hearings, Sergeant Riley said there was more complexity involved with the fire including jumping the school's back fence, breaking a window and lighting the blaze.
"He was well aware of what he was doing and the consequences that follow," Sergeant Riley said.
Mr Day reviewed the information and upon reading the interview determined that the boy did understand the potential consequences of his actions.
After the hearing
Following the finding Mr Rolfe spoke with the boy in a private room and when they returned he entered pleas of guilty on the boy's behalf to three charges including destroying property in company of others using fire, possessing a prohibited drug and aggravated break and enter.
Mr Day also considered applications made by the police to detain the boy rather than release him on bail.
Sergeant Riley said that application, which was opposed by Mr Rolfe, referred to the boy's failure to appear in court on previous occasions, breaches of all his bail conditions, that "he wasn't where he was supposed to be" according to his bail and "he actively avoided police today by running".
Mr Day revoked the boy's bail and he was to be transported to a juvenile detention facility on Friday afternoon. He is to appear in Orange Children's Court via an audio visual link from custody in November along with a co-accused child.
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