A man accused of attacking two boys, aged two and four, at Westfield Belconnen has the "intellectual capacity of a 10-year-old", a court has heard.
The 18-year-old, who cannot be named because of a suppression order, faced the ACT Magistrates Court on Wednesday, September 23, and is yet to enter pleas to charges of common assault and assault occasioning actual bodily harm.
He is accused of knocking the brothers over in an unprovoked attack at Westfield Belconnen on August 14.
The alleged assault left the two-year-old with a broken nose and his four-year-old brother with head injuries.
The 18-year-old was arrested two days later and faced court for the first time on August 17, where he was denied bail.
His Legal Aid lawyer, Gillian Bilton, made a second bail application on Thursday, September 18, which was opposed by the prosecution.
The application sought to have him released to his family home under effective house arrest.
The court previously heard the teenager has an intellectual impairment and has had more than 40 interactions with police since 2024.
The application was adjourned for a week after special magistrate Sean Richter said he needed to hear evidence from the man's parents about how they could effectively keep him at home before deciding on bail.
When the application resumed on Wednesday, Mr Richter temporarily closed the court, preventing the media from hearing the man's mother give evidence.
When the court reopened, Mr Richter said he was "very concerned" about the housing situation and that the mother would be left alone to deal with a very serious situation.
"When I look at bail for [the man], I do not see that his mother is a person who can control him," Mr Richter said.
He said if another alleged assault occurs, the man will either seriously injure a child, or a parent will seriously injure him.
"That is the reality of the situation because he doesn't look like he's a child, as much as he acts with child-like features," he said.
Mr Richter noted the 18-year-old has the "intellectual capacity of a 10-year-old," a detail he said he had gleaned from material handed to the court.
He said there were still concerns about the man's history of "impulsively" running away.
The court previously heard that the man "thinks he is a car and is causing car accidents with the children," which Mr Richter said compounded his concerns.
"If he does that, lets himself out of the house and he finds some kids walking down the street and wants to be a car and run them over, he will be back here again," he said.
He said he couldn't think of "a worse place for a boy with this disability to be" than in custody, but added he still could not be satisfied that the community would be protected if the accused were released.
"I wish there was some other institution we could send him to," he said.
Ms Bilton said the housing situation would not be permanent as they were still working on securing carers, which requires further National Disability Insurance Scheme (NDIS) funding.
However, Mr Richter ultimately adjourned the case again, stating he needed to hear further evidence about how the family plans to keep their house secure before deciding on bail.
The matter will return to court next week.
