A 12-year-old girl accused of torturing a child in Noosa last year has been granted bail after months of legal arguments about whether she posed a risk to the community.
The girl, who cannot be named for legal reasons, has been in custody since late October after she repeatedly breached her bail conditions, including being picked up by police in Brisbane at 3:30am while subject to a 24-hour curfew on the Sunshine Coast.
Police allege the 12-year-old, her 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 is facing charges of deprivation of liberty and assault of the 13-year-old girl at Tewantin on March 11.
Her two co-accused will be sentenced next month in the Maroochydore District Court after their matters were briefly heard today.
All three were “active and equal participants in the torture”, according to prosecutor Sanaz Masoumi.
“There are videos captured by the 12-year-old, there are videos of the 12-year-old assaulting the complainant, so it’s a strong Crown case,” Ms Masoumi told the court.
But the 12-year-old’s solicitor Luke Bull told the court he was still awaiting a psychiatrist report, which would help determine if his client was fit to stand trial.
Mandatory NDIS participation required
Judge Gary Long today told the Maroochydore District Court that, based on the material submitted to the court, it appeared the girl was present and supporting the acts of others in her offending.
He added, however, it would “ultimately be for a jury to determine”.
Judge Long said the time had come to make a decision on the girl’s bail, after first hearing the application in December.
“It’s not an easy proposition,” he said.
“But the length of time spent behind bars will continue to enlarge.”
The court heard the 12-year-old had been placed on a support plan under the National Disability Insurance Scheme (NDIS) after being recently diagnosed with autism and a low intellect.
Ms Masoumi said she was not supportive of bail because the girl posed a risk of reoffending, but she requested Judge Long make the girl’s participation in the NDIS mandatory as part of any bail conditions.
Judge Long agreed to mandatory NDIS participation in granting bail, saying the concerns presented by the prosecution could be adequately mitigated by the conditions and supports in place.
The matter will return to court later this month.