An 18-year-old accused of attacking two brothers, aged two and four, at Westfield Belconnen is a "very, very vulnerable" man who appears to target people who cannot defend themselves, a court has heard.
The man, who cannot be named due to a suppression order, faced the ACT Magistrates Court on Monday, August 17, and is yet to enter pleas to charges of common assault and assault occasioning actual bodily harm.
He is accused of assaulting the two brothers in an unprovoked attack at Westfield Belconnen on Friday, August 14.
The brothers were walking with their mother on the top floor of the shopping centre about 2pm when the 18-year-old allegedly kicked them from behind.
The toddler suffered a broken nose, while his older brother sustained head injuries. The alleged attacker was arrested on Sunday.
On Monday, Legal Aid duty lawyer Gillian Bilton applied for bail on the man's behalf, describing the 18-year-old as a vulnerable man with complex needs.
She argued his care would be better managed in the community under strict conditions, including ongoing supervision.
Opposing bail, prosecutor Marcus Dyason accepted the man had particular vulnerabilities, but said the allegations showed a pattern of behaviour of targeting those who could not defend themselves.
He said the proposed bail conditions did not ameliorate the risk that he posed to the community.
Chief Magistrate Louise Taylor described the man's alleged conduct as "impulsive, dangerous and frightening".
"For whatever reason there is a fixation on little people which only elevates the risk that he poses," she said.
"I am not prepared to take the risk."
However, the Chief Magistrate also noted that the man's vulnerabilities posed a "complex" situation, noting he would be a vulnerable person in custody.
The matter was briefly stood down while Ms Bilton made inquiries about whether additional bail conditions could be set to support his mental health and protect the community.
When court resumed, Ms Bilton said she had received instructions during the break that there had been a gap in support services for him prior to his alleged offending, and that she was still making further enquiries into re-engaging him with those services.
She noted that the current plan lacked a clear timeline and acknowledged that this may be a concern for the court.
Chief Magistrate Taylor said she was ultimately "not prepared to take a risk" with community safety and refused bail.
However, she granted leave for the defence to reapply on short notice if further information was obtained.
The case will return to court in September.
