'House arrest' for 14-year-old accused driver from fatal Barton Highway crash, fresh charges laid

A young boy accused of being behind the wheel of a vehicle involved in a Belconnen crash, which killed a 19-year-old man earlier this week, has been granted strict bail.

Two additional charges were laid as the 14-year-old faced court on Friday (19 January).

The court had previously heard the boy, who cannot be named due to his age, is accused of being the one driving when an allegedly stolen Toyota Avalon ran a red light and collided with a Toyota Hilux at an intersection with the Barton Highway.

Joshua Stewart was killed in the crash and two other 14-year-old boys were injured.

The child’s bail application continued on Friday as Magistrate Glenn Theakston had wanted more evidence that structures were in place to ensure the boy could not “wander out and do what he wishes”.

The boy’s defence lawyer, Sam Lynch from the Aboriginal Legal Service, assured the court on Friday that support services would be able to engage with the teenager daily, with after-hours support also available.

Mr Lynch said the boy had shown his willingness to abide by bail conditions.

“He’s willing to do house arrest if Your Honour seeks it,” he told Magistrate Theakston.

Mr Lynch indicated the boy’s mother “would not hesitate” to phone police if bail conditions were breached and argued the “serious nature” of his accused crimes were “perhaps the strongest deterrent”.

“This is a 14-year-old Aboriginal boy who’s just spent his first night in a detention centre,” he said.

“He’s yet to be tested on bail, so we don’t know that he’s a risk … there’s nothing that says he wouldn’t comply with a curfew.”

Prosecutor Marcus Dyason continued to oppose bail, arguing the boy’s mother had three other young children at home to care for and that her home wasn’t necessarily suitable for the “significant level of intervention” needed by support services.

He also suggested the alleged incident was a climax of an “escalating pattern of behaviour”.

Magistrate Theakston granted bail, noting that while the offences were serious, the boy had no criminal history.

He expressed concerns about the boy being “successfully guided” by the adults in his life but was assured by the increased presence of support services.

Conditions of the imposed bail included a 24/7 curfew where the boy must be at home. That bail condition will be varied once the school year begins.

He’s also banned from being in the driver’s seat of a vehicle, prohibited from consuming drugs or alcohol, must submit for random testing, and have no contact with the two other boys injured in the crash.

“If you are seen to breach [the bail conditions], you’ll be arrested and kept in custody,” Magistrate Theakston warned the child.

“The court expects you to attend school.”

The boy has also been handed two extra charges.

On top of charges of culpable driving causing death and dishonestly driving a motor vehicle, he’s also been charged with two counts of culpable driving causing grievous bodily harm.

He’s next scheduled to appear in court on 12 February.