"These offences carry 10 years on indictment," the police prosecutor said when the boy was brought before Dubbo Children's Court.

"If you are in custody until you are 20 you will miss out on your youth and all the good things in life."

The boy held his hands up to his mouth as he sat quietly in the dock before Magistrate Andrew Eckhold.

He pleaded not guilty to a fresh break and enter charge. Police allege the offence occurred when the boy was on bail for two previous break, enter and steal offences.

Prosecution facts tendered to the court described him as a recidivist offender being monitored by police under a suspect target management program.

The boy was suspected of committing numerous break and enters, thefts from houses and vehicles and malicious damage offences.

"Most occurred prior to (the boy) turning 10," police facts said.

"Doli incapax* (the age of criminal responsibility) has been explained to him on countless occasions. Police are of the opinion he clearly understands right from wrong."

The court heard the boy was taken into custody on Wednesday when he was found in a backyard flat in Jean Street, Wellington.

Police allege the 74-year-old occupant came home and found the boy in the lounge room. Money tins and boxes of jewellery were open on the floor and desk. The man's wallet was open and there were piles of coins and jewellery on the floor.

When the man confronted the boy he is alleged to have denied offending.

"It's not me," the boy is alleged to have said.

"It was my brother. He took everything."

The man grabbed the boy by the arms and dragged him to the main house where police were called.

Police allege $170 in notes and $44 in gold coins were found in the boy's possession.

The boy had earlier been charged with an August 5 break and enter at the home of a 65-year-old amputee confined to a wheelchair.

Police allege the boy removed items from the refrigerator and spread the contents throughout the home in Jean Street, Wellington.

Cream was poured over a lounge and telephone. A medical care alert device was placed in the cream container.

Barbecue sauce, cooking oil, orange juice and chocolate drink powder were spread over a bed and bed linen, the kitchen and lounge room.

Police were notified when the occupant returned home at 4.30pm.

Prosecution facts said the boy was identified by neighbours. When spoken to by police, he denied entering the house or causing the damage.

Police said the boy had chocolate around and his mouth and the front of his shirt. Wet patches on his pants were consistent with the two litres of orange juice poured throughout the house.

In July the boy was charged with a break and enter on a unit in Swift Street, Wellington.

Police allege he was disturbed by the occupant who found an aerosol can "smoking" in the laundry.

The woman threw the can out the door fearing it could explode.

Police allege the boy turned and ran.

Security camera footage from a nearby business is alleged to have shown the boy leaving the side entry of the unit and running along Swift Street, looking over his shoulder.

The court heard the boy had broken curfew restrictions imposed when bail was granted for previous offending.

He was receiving assistance from Juvenile Justice, Mission Australia and other service providers.

"He suffers from anxiety and attention deficit, hyperactivity and obsessive compulsive disorders," a solicitor said.

Magistrate Eckhold said something was clearly very wrong.

The police prosecution echoed that view and asked for a 4pm to 7am home curfew.

"His parents have difficulty controlling him," the prosecutor said.

Magistrate Eckhold adjourned the charges and allowed the boy to be released from custody.

A curfew was imposed prohibiting the boy from leaving home between 8pm and 7am. He is not to be in a public place between 5pm and 7pm.

"You now have three break and enter charges against you," the magistrate said.

"I don't think you understand how important it is that houses are not broken into. It really scares people. They need to feel safe in their homes.

"If you keep offending it will be hard to get bail. You should not be in the cells, you should be out having fun and in school learning things."

When Magistrate Eckhold asked the boy to stand in the dock he was so small it appeared as though he was still seated.

The Aboriginal Legal Service said the boy was already standing.

"That's an indication of how small he is," the solicitor said.

* Doli incapax refers to the legal presumption that children between the ages of 10 and 14 do not possess the necessary knowledge to have a criminal intention.