Petrol boy, Bidura Children's Court, The Australian, 14 December 2006.

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14 DECEMBER 2006

John Stapleton

A 13 year old boy who allegedly poured petrol over a nine year old child and then set him alight was released by the Bidura Children's Court yesterday under strict bail conditions.

The diminutive boy, who had been in custody since the incident yesterday afternoon, sat quietly between his parents through the court proceedings.

No plea was entered to charges of attempted murder and maliciously inflicting grievous bodily harm.

Children's Magistrate Paul Mulroney ordered that the boy live in accommodation approved by the NSW Department of Community Services and the NSW Department of Juvenile Justice.

He was ordered not to go within two kilometres of the street in Daceyville in Sydney's inner south where the incident occurred. This precludes him going anywhere near where his family lives in Department of Housing accommodation.

The boy was also ordered not to be in possession of petrol, matches or a lighter and to comply with all reasonable orders from officers of DOCS and Juvenile Justice. As well the magistrate ordered that the boy not live with anyone under the age of 18. He is not allowed to leave approved accommodation except in the care of an officer or his parents.

Asked if by the magistrate if he understood, the boy asked: ``So I can't go by myself?''

The magistrate replied: ``You don't go anywhere by yourself now. You don't go out the front gate unless you have dad, mum, or an adult carer.''

``I appreciate this situation is a bit frightening and scary for you and you will not remember everything I said.''

He warned the boy that there would be ``lots of rules and they will be hard to follow'' but if he defied them police would arrest him and he would have great difficulty getting released.

Police Prosecutor Ashley Metcalffe, who opposed bail, said the nine year old child victim remained in hospital with burns to 20 per cent of his body. He told the court the child's condition was serious and that the 13-year-old boy had told him he would kill him.

He said there were concerns over the protection of the young victim and any other young person he may come in contact with. He said there had been a pattern of instability in the boy's homelife, with three incidents reported to the police in the last year, including concerns over the boys behaviour to his parents. He said there were ``further fears concerning the stability of the young person's environment.'' He also reported that the boy was currently suspended from his high school.

Legal aid lawyer Louise Sullivan, representing the boy, told the court the family had been trying to move from their Department of Housing accommodation for several years. She said the boy had been severely disturbed by witnessing the aftermath of a suicide attempt in an adjacent property but the Department had ignored the family's requests to be moved.

But she pointed out that the boy had never been previously arrested.

Magistrate Mulroney accepted her argument that the boy would be very vulnerable if kept in permanent custody, however he will remain in custody until suitable accommodation has been arranged through DOCS.

The matter was adjourned until 30 January.