A YOUTH accused of hitting a man on the head with a shovel during a street fight in the Apollo Estate has been refused bail.
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The 16-year-old was arrested on a warrant and brought before Magistrate Janet Stevenson in Dubbo Children's Court.
He pleaded not guilty to charges of assault occasioning actual bodily harm, reckless wounding in company, destroying property and affray.
Prosecution facts tendered to the court said the boy had been avoiding police since an serious incident in the East Dubbo public housing enclave on April 11.
Police said the youth was well-known to authorities and on a number of bonds in relation to break and enter and fire-related offences, malicious damage and affray.
He was on probation for aggravated break and enter in company and break and enter with intent to commit an indictable offence.
Magistrate Stevenson raised concerns about the youth.
"Facts say he has not been attending school and is allowed out on the street at night," the magistrate said.
"His (criminal) record is short but serious. The prosecution case appears strong."
A solicitor from the Aboriginal Legal Service (ALS) said the youth had not been on the run and submitted the police case was not strong.
"There is confusion about who has done what," the solicitor asserted.
"He was asked to come to the police station but did not because he was worried and scared.
"He has been in Dubbo the whole time at his home address. He has not been to school since last year. He is enrolled at Western College but has not attended this year."
Magistrate Stevenson asked why the youth's mother had not assisted him in going to the police station.
The police prosecution opposed bail citing the unacceptable risk posed by the youth, potential danger to the community and concern he may fail to return to court.
"He is subject to five current court orders for serious offences," the prosecutor said.
A Juvenile Justice officer said the youth had been compliant with supervision and attended programs addressing offending behaviour. Supervision had been terminated in March.
"We tried to get him into Western College but he didn't want to go," the officer said.
"We got him enrolled at (the) Delroy (Campus of Dubbo College) and helped him with the uniform but he didn't go.
"He didn't want to go back to Western College and we tried to get him into TAFE. He talked of moving to Newcastle and going to TAFE by himself."
Magistrate Stevenson said "it might be nice" if adults involved in the youth's life made him engage.
The ALS said school non-attendance was regrettable but not relevant to alleged offences.
"They are alleged to have occurred at night," the solicitor said.
Magistrate Stevenson said the youth's refusal to attend school was relevant to whether he would re-offend.
"He is not likely to comply with (court) orders," the magistrate said.
"I am not prepared to grant him bail. He poses an unacceptable risk and is on bonds and a probation order.
"He is not going to school and is out and about in the community."
The ALS asked for a short adjournment date. The youth will remain in custody and return to court on Monday. ((JUNE 2)).
Prosecution facts allege the youth and a 15-year-old co-accused consumed alcohol at an East Dubbo address on the evening of April 11.
At 10.30pm the youths walked to a house in Collins Avenue occupied by a 22-year-old man and three females.
The youths knocked on the front door and asked two teenage girls to come out. Police said the man told the youths to leave.
Police allege the youths returned to the house at about 11.20pm. The occupants heard banging at the side fence, garbage bins were knocked over and the front lounge room window was smashed.
A short time later the man and teenage girls walked up Lunar Avenue and located the youths in a driveway. The man challenged the 16-year-old asking "Why did you break the --ing window?"
Police allege the 16-year-old armed himself with a garden rake and moved towards the man.
The man wrestled the rake from the youth and threw it away.
The 16-year-old stepped back, tripped and fell, causing a gathered crowd to laugh.
The man, believing this to be the end of the confrontation, turned and began to walk away.
Police allege the 16-year-old ran to an address in Lunar Avenue and returned with a white coloured garden shovel.
The 15-year-old co-accused is alleged to have called out "You want me now boy. I got a blade, I got a blade."
Police allege the man was chased by the 16-year-old and struck on the back of the head with the shovel. The man fell to the ground. As he attempted to get to his feet he was allegedly punched several times by the 15-year-old.
About this time three other boys aged 17, 15 and 12, and several unknown people began to physically assault the man. He was struck a number of times about the head and body. Police allege an iron bar was used in the attack.
The 16-year-old is alleged to have discarded the shovel and armed himself with a knife, saying "I should just stab him".
Bleeding heavily from the head and fearing for his life, the man regained his footing. He is alleged to have been chased around Lunar Avenue by the 16- and 15-year-olds. He was assisted back to the safety of the Collins Avenue house by the teenage girls.
Police allege the co-accused returned and smashed all the front windows of the house.
Blood was later located on one of the broken windows. Police seized a metal pole located in the front driveway.
The man was taken to hospital by ambulance. A large laceration exposing the skull at the rear of his head required multiple stitches.
The 15-year-old co-accused was arrested when police were examining the crime scene in Lunar Avenue.
He was charged with malicious damage, reckless wounding in company, assault occasioning actual bodily harm and affray.
The has been allowed conditional bail and will return to children's court on June 6.
The 16-year-old was arrested at 10.30pm on Tuesday.