A 13-year-old boy who set fire to Glenroi Heights Public School last year has been sentenced to full-time custody.
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The boy, who cannot be identified due to his age, appeared in Orange Children's Court via an audio visual link from a youth detention facility on Monday, November 20.
He appeared in court to be sentenced for the fire as well as a string of other offences.
Those crimes included an armed robbery where he stole a bicycle from a 12-year-old boy at Robertson Park after threatening to stab the victim.
He also committed a break and enter at Orange Anglican Grammar School, with another boy, where buildings and pathways were graffitied and stole items including a military medal - which has not been recovered - lollipops, first aid items and stationery.
He stole a car that he crashed it into a pole soon afterwards, he also stole belongings from a woman's car and intimidated two workers at the BWS on Bathurst Road on two separate occasions.
Glenroi school fire
The fire, which destroyed the school's library and administration building, was deemed to be the most serious crime.
According to information presented to the court, the boy was 12 when he was involved in breaking into the school and lighting the fire on December 12, 2022.
A co-accused was also under 14 on the night of the fire and is yet to have his case finalised.
In an interview with the police, the boy said the pair broke into the school by using a scooter to smash a window. While inside, they entered the library and logged onto the computers and played music.
He said the fire was lit by hand sanitiser being poured around the room. It was then ignited with a lighter and cushions were thrown on top of the flames.
A difficult case
Solicitor Andrew Rolfe said the boy, who was 12 at the time of the fire, has already spent 175 days in custody across his young life.
Sometimes those periods were for only one, two or three days, but there have been some longer stints in custody, including the most recent which began on October 13.
The court was told harrowing details about the boy's childhood when he appeared in court as well as his mental health conditions.
However, Mr Rolfe conceded full-time custody would be a likely sentence given the severity of the fire offence and the escalation of offending but suggested it could be suspended.
"There are a number of difficulties in this case because this is a very, very young man, still only 13 years of age," Mr Rolfe said.
"It's clear from the reports that he has complex problems in his life.
"Clearly the offending in these matters are serious and in some respects I cannot argue against the court seeing an escalation in offending."
Criminally responsible
Police prosecutor Sergeant Chris Brien said he accepted the issues surrounding the boy's mental health but that a control order, which is juvenile detention, would be the appropriate sentence.
"Less than a control order will be inadequate," Sergeant Brien said.
Magistrate David Day said sentencing children was different to sentencing adults with less weight given to general deterrence and punishment with more focus on rehabilitation to reduce further offending.
However, he found the boy to be criminally responsible despite his young age at a separate hearing in October and said in this case general deterrence must be considered.
"The most serious involves a destroy by fire of the administration building and library at Glenroi Heights Public School and another serious matter [is] an armed robbery," he said.
"He was armed with a blade of some [type] and stole a bicycle from just across the road at Robertson Park.
"[He's] been found to be criminally responsible for his conduct from [December 5] onwards but he has not yet reached the age of 14 so his rehabilitation remains the primary focus to his sentence."
Antisocial peers and drugs
Mr Day noted the boy's complex and disrupted upbringing but that some of it was related to his use of cannabis and methamphetamine and mixing with older "antisocial criminal peers".
"He's been doing what he wants, when he wants to ... and to who he wants to do it to," Mr Day said.
Mr Day said the boy has a poor history of schooling but has expressed an interest in getting work when he leaves school.
"He's also a difficult young man to manage at [his youth detention facility], he's rude to staff, gets up and just walks out of class," he said.
"He's had a number of opportunities at rehabilitation but he absconds."
Mr Day said after being entered into one rehabilitation program for his methamphetamine addiction the boy ran away after two days.
"He has some complicated antisocial tendencies, particularly when it comes towards schools, those who conduct them and those who attend them," Mr Day said.
"He said he didn't care about the teachers and he doesn't like students who attend school."
Sending a message
Mr Day said despite the boy's young age general deterrence does apply in this instance.
"There must be sent out a message to the community that wanton destruction of social infrastructure, like schools, won't be tolerated. The impact on the children is considerable," he said.
"Likewise society will not tolerate young people arming themselves ... and taking people's property under threat."
The sentence
Mr Day sentenced the boy to a period of full-time custody in a youth detention facility.
He was given a two-year sentence for the fire and 18 months for the armed robbery.
Those sentences will be concurrent and both were back-dated to October 13 and have two-month non-parole periods until December 12, 2023.
The other offences all attracted a variety of good behaviour bonds of up to two years.
"You will be out before Christmas, you will be on parole, you will be supervised," Mr Day said.
"You are being given an opportunity to get yourself sorted out."