A Queensland judge has expressed disbelief at disturbing details revealed during a bail application for a 12-year-old girl charged with the "torture" of another child.
Key points:
- Police allege three girls, aged 12, 13 and 14, assaulted a 13-year-old girl at Tewantin in March
- The 12-year-old is seeking bail on charges including assault and deprivation of liberty
- She was remanded in March, released in May, and taken back into custody in October
The accused, who cannot be named, is one of three alleged offenders charged with the deprivation of liberty and assault of a 13-year-old girl at Tewantin, a suburb in the Noosa Shire, on March 11.
Maroochydore District Court on Thursday heard all three alleged co-offenders were "active and equal participants in the torture".
The bail application was told the 12-year-old's criminal history started with charges of robbery and assault in February.
While on bail for those charges, she, her 13-year-old sister and a 14-year-old friend invited another teenager to a house at Tewantin and allegedly filmed themselves assaulting her over several hours.
The 12-year-old was subsequently remanded in custody and released on bail in May.
She faced court at Toowoomba for further alleged offences in September and was taken into custody again in late October.
'Violence, aggression, illicit substances'
In opposing the latest bail application, prosecutor Sanaz Masoumi told the court the girl had repeatedly breached bail conditions, including being picked up by police in Brisbane at 3:30am while subject to a 24-hour curfew on the Sunshine Coast.
Ms Masoumi argued the girl did not have enough support at home to encourage her to comply with bail conditions.
She also argued the girl posed a risk to the community, having told a psychologist she carried knives in public and would "kill" people if she was confronted or in a vulnerable situation.
"The [psychologist's] report shows she struggles to regulate her emotions … and she can only respond to distressing situations with violence and aggression," Ms Masoumi said.
"This is also compounded by the fact that she continues to use illicit substances such as cannabis and acid and these are funded and provided to her by her friends."
Ms Masoumi argued periods in detention had not deterred the girl from reoffending and that if released she would "fall in with the same habits and with the same crowd".
Judge Gary Long said he could not understand how a child of 12 could get "such ready access" to illicit drugs but, he added, "we know that it's rife in the community".
Judge Long asked the girl's solicitor Luke Bull if his proposal was to return the child "to the same environment … which has led to her being in custody".
Mr Bull said that was "essentially" correct, and if released, the girl would live with her mother and older brother in a housing commission property.
"The only real difference is that she has now spent some further time in custody," he said.
Request for 'less onerous' bail conditions
Mr Bull told the court the girl had recently been diagnosed with autism and a low intellect and if released could potentially qualify for support under the National Disability Insurance Scheme.
Mr Bull asked that his client's cognitive abilities and developmental needs be taken into account in setting "less onerous" bail conditions than those previously imposed, despite conceding "there is a real risk of reoffending".
"She has already spent a sufficient amount of time in custody, even if she were to be found guilty after a judge-alone trial," he said.
Ms Masoumi told the court there was no "primary offender" in the Tewantin incident and the three alleged co-offenders were "active and equal participants in the torture".
She said the 12-year-old was the one who had "lured" the alleged victim to the house.
"There are videos captured by [the 12-year-old and] there are videos of [the 12-year-old] assaulting the complainant, so it's a strong Crown case," she said.
Mr Bull told the court he was not satisfied his client was fit to stand trial and required a psychiatric report to be prepared before receiving instructions.
That report was expected to be completed by late February, with any potential trial to take place a month or two after that.
Judge Long adjourned the bail hearing for a decision next Wednesday.