Man accused of attacking two boys had 40 police 'involvements', court hears

Prosecutors argue a man accused of attacking two young children in a Canberra shopping centre last month, must remain in custody to ensure community safety.

Police allege the 18-year-old man approached the boys, aged two and four, at the Belconnen Mall, knocked both over and kicked one of them.

One boy was taken to hospital and received treatment for injuries sustained during the incident.

The man, who has a serious intellectual impairment, was charged with common assault and assault occasioning actual bodily harm and was remanded in custody.

Seeking bail in the ACT Magistrates Court today, legal aid lawyer Gillian Bilton said if released, her client could comply with conditions including not being near children, while a review of his National Disability Insurance Scheme arrangements and supports was completed — a process that could take months.

"The disability system is not something that moves quickly," Ms Bilton said.

"It is simply a situation where, by virtue of his remand, he is spending 23 hours of the day in his cell.

"He is a young man who is very, very vulnerable. Custody is not the appropriate place for him.

"Ultimately, bail conditions are enough to mitigate the risk of reoffending."

Ms Bilton argued he could live at home with his mother and father.

But prosecutor James Melloy said there was no evidence the man's needs were not being met in Canberra's jail — the only place he could be effectively monitored 24 hours a day and restrained if necessary.

"We are now at the stage where the protection of the community has to be prioritised," Mr Melloy said.

"It is clear from the evidence … the defendant is unable to control himself."

Mr Melloy said police had had "more than 40 involvements" with the man since 2024, including a string of incidents in which he was accused of assaulting young children and threatening staff at a primary school.

"This is the type of behaviour that makes members of the community afraid to leave the house," Mr Melloy said.

"The community expects the court will exercise its jurisdiction and refuse bail to people who pose too much of a risk to the community."

Special Magistrate Sean Richter noted that even if the man was supervised by carers, they could face legal difficulties if they attempted to restrain him.

"A generation ago [the defendant] would have been in a closed care facility out of the public," he said.

"We've moved on from that — but it has its downsides.

"I'm contemplating this as a case that would effectively need home detention."

The application was adjourned part-heard until next week, so the court could hear evidence about how the man's parents would keep him from leaving their home without appropriate supervision.