Boy accused of assault should be tethered, says judge

A judge has said if he could he would have a tether tied to a youth accused of using a metal bin lid as a weapon during an assault and robbery at a shop in Dublin.

Judge Conal Gibbons was told at the Dublin Children's Court on Thursday that over the past week the boy, aged 17, repeatedly broke a 9pm curfew, which had been one of his bail terms.

He recalled how tethers were often used to stop goats straying on to other people’s land.

“If I could, I would, if I was making the law,” he told the youth, adding, “you could do it electronically now and there would be a thing on your leg that would give you a clip”.

“The law is much more humane now, it would not allow me to do that, could you imagine?” he said.

The youth, who was accompanied to court by staff from a care home, claimed he was late getting back to his care home because he kept missing a bus connection. He agreed he lost track of time with his friends.

Garda Sergeant Seamus Treacy said while he was not looking for bail to be rescinded, he wanted it emphasised that the teenager had to abide by the conditions set down by the court.

Defence barrister Alison Fynes asked the judge to note the teenager had remained in contact with care staff every time he was late.

The teenager has made progress in getting on to an educational course and drug counselling, she told the court.

Adjourning the case, the judge warned the teenager he would face being remanded in custody if he continued breaking the conditions.

The youth, who is in care, is awaiting a hearing to decide his trial venue.

The case resumes in two weeks.

Spar shop

He has been charged in connection with an alleged incident at a Spar shop on Drumcondra Road on March 10th.

He was accused of robbing the shop of €14 worth of sweets and alco-pop drinks, assault causing harm to a man and a weapons offence for production of a metal bin lid to injure or intimidate another.

Earlier this month there was a Garda application to rescind bail, the court then heard there had been 10 other breaches of the boy’s bail terms in the previous week.

Breaking the court-imposed 9pm curfew, he had been late returning to his care home every night and was spotted three times in areas from which he had been barred.

The court heard efforts were being made to place him in special care.

The Director of Public Prosecutions recommended the teenager's case should "proceed on indictment".

This means he could face trial in the Circuit Court which has tougher sentencing powers.

The youth has not yet indicated how he will plead.

The Children’s Court can accept jurisdiction to hear the case involving a serious offence by taking into consideration the age and level of maturity of a defendant.