A BOY born to a heroin addict sobbed in the Dubbo Children's Court dock when Magistrate Andrew Eckhold threatened to revoke his bail.
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Thin and slightly-built, the boy appeared much younger than his 13 years as he raised handcuffed wrists to his face to wipe away tears.
He asked to be able to return to his grandmother's home and promised to stay out of trouble.
The boy had spent a night in custody after he was found hiding under a Dubbo house.
He was charged with breaching bail and entering enclosed land without lawful excuse.
The court heard the offence occurred at 9pm, putting the boy in breach of an 8pm curfew.
Magistrate Eckhold told the boy his repeated appearances in children's court caused everyone great despair.
"You keep ignoring court orders and associating with people who get into trouble,'' the magistrate said.
"It pains me to say this, but how can I trust you?
"I think I am going to refuse bail because you keep committing crimes.''
A court officer handed the boy a box of tissues as his sobs intensified.
His grandmother, seated at the back of the court, appeared distressed and put her hands up to her face.
Magistrate Eckhold said it was not the boy's fault he had been abandoned by his parents and taken into care.
"You have had a dreadful start to life but you can change things now by staying out of trouble,'' the magistrate said.
"You are a very vulnerable person who has issues with maturity but there is no material (before the court) suggesting cognitive impairment.''
The court heard the boy had started offending at the age of 12 and had been prohibited from associating with a number of co-accused juveniles as part of bail conditions.
"It is hard to isolate a young person from their friends but crime keeps being committed,'' Magistrate Eckhold said.
A Juvenile Justice worker reported the boy was doing well at school and engaged in sport and PCYC activities.
The worker said the boy was a follower, not a leader.
"If he were released from custody Juvenile Justice could provide intensive bail support three times a week,'' the worker said.
Magistrate Eckhold told the boy Juvenile Justice was bending over backwards to help him.
"It is a risky decision but I am prepared to continue Supreme Court bail.
"You are to be of good behaviour, reside with your grandmother in West Dubbo, obey the directions of Juvenile Justice and your grandmother and comply with an 8pm curfew. I urge you to stop undermining yourself. All you have to do is the right thing and everyone will back you up.''
The charges were adjourned.