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Teen charged with machete robbery denied bail as tough new NT bail laws kick in

Teen charged with machete robbery denied bail as tough new NT bail laws kick in

A teenager who allegedly robbed a bottle shop armed with a machete, after the rehabilitation program he was successfully completing was defunded, has been denied bail under strict new Northern Territory laws.
The NT parliament passed the new bail laws last month in response to an unrelated case — the fatal stabbing of Darwin supermarket owner Linford Feick during a confrontation with an alleged thief.
Phillip Randel Maurice Parry, 18, has since been charged with his murder and will return to court on June 25.
Under the new laws, judges must have "a high degree of confidence" that alleged offenders will not "endanger the safety of the community" before granting bail.
The reforms also removed a requirement for courts to only remand youths in custody "as a last resort".
In separate cases before the Youth Justice Court on Monday, two teenage boys were denied bail to enter rehabilitation programs.
Lawyer for both boys, Jenna McHugh, asked judge Thomasin Opie to grant her clients bail, saying critical staffing shortages at the youth detention facility in Holtze meant young detainees were being locked down for 23 hours a day.
She said one of the boys — a 15-year-old with diagnosed depression and ADHD — was not receiving regular education at the facility and had been denied pencils and paper in his cell.
The teenager is facing an aggravated robbery charge for allegedly brandishing a machete inside a Celebrations bottle shop.
While acknowledging the seriousness of the allegation, Ms McHugh said the rehabilitation facility would provide a "semi-custodial" setting and the teenager was willing to follow strict conditions including a curfew, electronic monitoring and alcohol and drug tests.
Judge Opie noted the teenager had last year been bailed to attend a rehabilitative program, in which he went on to become "one of our success stories".
But she said the program had since been defunded, resulting in the teenager's supports being pulled.
"That's when his reoffending commenced," she said.
Prosecutor Damien Jones told the court he had "no confidence" the teenager would comply with the bail conditions and insisted community safety was paramount, despite the boy's positive history.
"Where there has been the use of bladed weapons, it has resulted in people's deaths," he said.
Ms McHugh argued community safety would be better protected by rehabilitating young alleged offenders.
"If he gets out and doesn't go to [rehabilitation] and doesn't receive support … then the community is at greater risk, in my submission, than they would otherwise be," she said.
But in denying bail, Judge Opie said while the conditions for young people on remand were "not conducive" to rehabilitation or mental health, the test set by the new laws had not been met.
Another 15-year-old boy charged with serious offences, including aggravated robbery, was also denied bail on Monday, despite being deemed suitable for the rehabilitation program.
Ms McHugh said the teenager had been on remand for more than a month and had experienced "significant bullying" during that period.
She said the NT government's Specialist Assessment and Treatment team had previously declined to assess him for autism and his lawyers were seeking advice from an independent paediatrician.
"Those appointments have to keep on getting put off because he's in custody," she said.
The teenager appeared in person before the court and told Judge Opie he had overcome his reliance on drugs while in custody.
"I would just like to say that the time you have given me in detention has really given me time to think about the plan of what I should do with my life," he said.
But prosecutor Garmmeni Alakiotis said the teenager had previously been unable to comply with strict bail conditions and posed "a real risk" of further violent offending.
"As mentioned earlier today on previous matters, the court has to consider the safety of the community," she said.

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