A man accused of attacking two boys, aged two and four, at Westfield Belconnen has been granted "very, very strict" bail after the prosecution accepted he couldn't remain in custody indefinitely.
The 18-year-old, who cannot be named due to a suppression order, faced the ACT Magistrates Court on Monday, September 28. He is yet to enter pleas to charges of common assault and assault occasioning actual bodily harm.
He is accused of knocking the two brothers over in an unprovoked attack at the shopping centre on August 14, leaving the younger boy with a broken nose and his older brother with head injuries.
The 18-year-old, who has an intellectual impairment, was arrested two days later and was initially denied bail during his first court appearance on August 17.
He spent about a month in custody before beginning his second bail application earlier this month, which continued last week and concluded on Monday.
His Legal Aid lawyer, Gillian Bilton, told the court the proposed bail arrangements would ensure he was never left unsupervised.
Under the proposal, the man would only be permitted to leave his home for essential needs while supervised by two people.
"In my submission, it would be very difficult for [the man] to leave the house without someone knowing," she said.
Ms Bilton added that the arrangements were not intended to be permanent, but represented a first step towards securing long-term support.
She said accessing a National Disability Insurance Scheme (NDIS) package had proved difficult in several ways, leaving the man "in limbo" and contributing to his prolonged remand in custody.
"It is very clear to [his] mother and father what needs to happen if he is granted bail," she said.
The court previously heard the teenager has had more than 40 interactions with police since 2024, and he "thinks he is a car and is causing car accidents with the children".
The prosecution had initially opposed bail over community safety risks.
On Monday, prosecutor Taden Kelliher described the application as difficult, raising "considerable concern" over risks to children and saying, "He is a danger, to put it bluntly".
However, he acknowledged the latest proposed conditions were a "positive step in the right direction" and accepted the man could not remain in custody indefinitely.
Mr Kelliher said the prosecution ultimately agreed to the proposed bail conditions - which he noted amounted to house arrest - while pressing for extra safeguards, including a curfew and a requirement for the man to present himself at the front door if police attended to check on him.
He also suggested another person, such as a support worker, could accompany him when he was permitted to leave the house.
Special magistrate Sean Richter said that third condition could be considered later, once appropriate support arrangements were established.
When deciding bail, Mr Richter noted that the primary considerations were whether the man was likely to commit offences or endanger public safety.
In ultimately granting bail, he accepted the arrangements were a first step towards long-term support, as he imposed strict conditions that require the man to remain at home unless accompanied by two people.
Outside the home, he must stay within touching distance of them, remain five metres away from children, and comply with police door-checks.
The matter returns to court in October.
