A MAGISTRATE has denied an application for a teenager accused of armed robbery to be released for a rehabilitation program.
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Jayden Robert Follington is being held in custody on charges connected to the robbery at a Tamworth ATM and appeared in Tamworth Local Court via video link.
The 18-year-old is alleged to have used a machete to rob a man using the ATM at the Robert Street Shopping Complex on February 12. He is yet to enter pleas.
The court heard Follington had been assessed as suitable for the Balund-a rehabilitation and diversionary program run by Corrective Services.
The residential rehab program is very structured, solicitor Tess Mulock told the court.
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"[He] has a very lengthy history of illicit substances," she said.
"He started using cannabis at nine years of age.
"That drug use has continued and escalated."
Miss Mulock said Follington took up methylamphetamine when he was 13.
"He needs the support of the community in order to rehabilitate," she said.
But, DPP solicitor Ellen Tiedeman opposed bail on a "combination of factors".
"It's a strong prosecution case ... there is CCTV showing the offence," she told the court.
"The clothes he's wearing are found.
"He's wearing those when he reports to the police the previous day."
Ms Tiedeman said the "clothing and weapon were also located" at the residence in the raid.
The clothes he's wearing are found. He's wearing those when he reports to the police the previous day.
- DPP solicitor Ellen Tiedeman
"He's positively identified by the victim," she said.
Magistrate Julie Soars said show cause had been made and "he's a young man, who has an acknowledged substance abuse issue".
She said while the court supported rehabilitation, "it does appear to me, this is not the appropriate time".
"I just can't find Balund-a bail ... being available on local court matters ... given the seriousness of the strictly indictable matter," she said,
"He doesn't have a right or entitlement to Balund-a on this matter.
"It's not really the sort of thing that is considered on Balund-a bail."
The court heard the program only accepts participants on a Section 11 remand - a bond or release order after a guilty plea - before sentencing. The serious nature of the charges meant Follington had been assessed under his shoplifting offences, not for the armed robbery.
Follington will remain in custody until the case returns to court in mid-June.
He faces a maximum of 25 years imprisonment if found guilty of robbery armed with a dangerous weapon, and armed with intent.
The 35-year-old victim wasn't injured in the 3.50pm robbery when he was confronted from behind, but handed over the money before Follington is accused of fleeing.
Detectives tracked Follington to South Tamworth and arrested him in a raid on a Central Avenue home.
Breanna Chillingworth
Northern Daily Leader Senior Crime and Court Reporter
Northern Daily Leader Senior Crime and Court Reporter
