A teenager accused of firing 27 shots into a Gosnells home will remain in detention for six weeks while his mother seeks housing.
AI-generated summary
In Western Australia, doli incapax applies to children under 14, requiring the state to prove they understood their actions were wrong.
A 13-year-old boy accused of a drive-by shooting in Perth will spend the next six weeks locked up, as his mother tries to find them accommodation.
The pair recently moved to WA.
In the meantime, the boy will stay in custody at the Banksia Hill Detention Centre after choosing not to apply for bail.
Police allege he used a semi-automatic rifle to fire more than 20 shots into a house on Bert Street in Gosnells earlier this month.
Seven people, including children, were inside the home in the early hours of October 17, but no one was seriously injured.
CCTV footage captured audio of the alleged drive-by shooting, with the sound of 27 gun shots heard on the recording.
The 13-year-old was arrested in a Belmont car park the following day and charged with eight offences including unlawful use of a firearm, endangering life, possession of stolen property and no authority to drive.
The boy made a brief appearance by videolink in Perth Children's Court on Monday.
The court heard the family was "new to Perth" and his mother needed to find "stable" and "suitable" accommodation before bail could be considered.
The court also heard the child's capacity to understand the seriousness of his actions would be an issue in the case, as he is under the age of 14.
In Western Australia, the principle of "doli incapax" applies, which means the state must be able to prove a child under the age of 14 understood their alleged crimes were seriously wrong.
The prosecution was ordered to provide a brief of evidence to the defence team, including matters from Victoria.
At the time, senior police described the incident as "shocking and deeply concerning", including that a young teenager is alleged to have had access to a firearm.
"The consequences could have been far worse," Senior Sergeant Heath Atkinson told reporters.
Police have not located the semi-automatic carbine firearm they allege the 13-year-old boy used and the ABC understands officers are investigating possible links to organised crime.
The alleged weapon is a Category D firearm, a type that has been illegal in Australia for civilian use for 30 years.
The boy will reappear in Perth Children's Court in December.
AI outlook — possibilities, not facts
Boy will reappear in Perth Children's Court in December.
Very likely · Within weeks
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