A 13-year-old boy who was part of a group that went joyriding in two stolen Audis in Orange has been refused bail in Orange Children's Court.
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The boy was small enough that his head was just visible above the side of the dock in the courtroom on Thursday, October 26.
He cannot be legally identified due to his age.
The 13-year-old is accused of driving one of the stolen Audis, driving when he'd never been licensed to drive and negligent driving without causing death or grievous bodily harm.
He was also charged with four counts of aggravated breaking and entering into dwellings while in company and stealing, as well as riding in a stolen car and larceny.
The teenager had initially been granted bail but breached his bail conditions and was re-arrested after breaching a curfew in the week leading up to Thursday's court appearance.
Magistrate David Day said the boy is accused of rolling one of the cars, an Audi RS5, which is the performance vehicle of the Audi A5.
Mr Day said the boy was driving it "at high speed and lost control and rolled".
"He was doing 140km/h," Mr Day said.
Solicitor Pravinda Pahalawela said the boy injured his foot in the crash but indicated the defence will argue he wasn't driving the car.
He also said due to the boy's young age there would be sentencing alternatives to a control order, which is a term of full-time imprisonment in a juvenile facility.
"He's spent a night in custody," Mr Pahalawela said.
However, Mr Day raised the police concerns that no bail conditions could "ensure he won't hook up with his little mates" who were also involved in the alleged offending.
He also raised the issue of the "number of break and enter and car thefts" committed by teenagers and children in the Orange area and warned the boy of the additional risk of breaking into homes where the residents are there.
"Then there's these driving instances, none of these people have driver's licences," he said of the accused thieves.
"There's a substantial concern about him continuing to commit offences while on bail."
He determined that he couldn't be satisfied the boy would comply with further bail conditions and not commit further offences so he refused the 13-year-old's bail.
"The community isn't safe if he doesn't comply with his bail."
Due to the boy's young age, a question has been raised as to whether he could form criminal intent. Those issues will be raised at a later court date as will discussions about pleas of guilty or not guilty.
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