Two 17-year-old boys were refused bail in Batemans Bay Children's Court on Friday morning after being charged with the alleged murder of a Canberra man.
The lawyer for the first accused did not apply for bail, but the solicitor for his co-accused argued strongly that his client should be released, subject to a curfew and that he surrender all social media passwords and accounts to police.
The accused cannot be identified due to their age and the registrar formally warned the media that no images or footage likely to identify them could be published or broadcast.
They were charged with murder and taking/detaining in company with intent to get advantage and occasioning actual bodily harm.
Defence lawyer Lisa Stone did not apply for bail for her client, the first to appear on Friday morning, and it was formally refused.
Ms Stone noted the length of time her client had been held before his appearance.
"He has been in custody since 2.30pm yesterday and he has only just been brought before the court now and I note his age," she said.
He was supported in court by family members and will reappear by audio-visual link on Thursday, February 20.
Geoff Knox acted for the second teen to appear, who also had the support of family members in court.
Mr Knox argued his client should be granted bail.
Prosecutor Sergeant John de Laroche tendered a risk assessment and said the accused posed an "unacceptable risk to the community" if bail was granted.
Sgt de Laroche argued the risk of the accused failing to attend court, the court's responsibility to the community, the strength of the prosecution case and the serious nature of the charges warranted bail be refused.
"If convicted, he would be given a custodial sentence," Sgt de Larcoche said.
"I acknowledge the young person does not have a criminal record, but these (alleged) offences are far too serious."
Sgt de Laroche said the matters were likely to be dealt with in a higher court and bail should be refused.
However, Mr Knox argued his client had been held for more than 24 hours already.
"He has been in custody since 7am yesterday," he told the court.
"He comes from a close family which is well established in the area."
Mr Knox said the family was supporting and would house his client, who had recently enrolled in full-time studies.
Mr Knox argued strict conditions should satisfy the court's concerns regarding bail. He proposed a curfew whereby his client "cannot leave the house without his parents".
"I recommend a total ban on social media and that he surrender his passwords of all social media accounts to police," Mr Knox said.
His client would not apply for or receive a passport if granted bail.
Mr Knox said the family was not in a position to put up a cash surety but would forfeit charges if the accused failed to reappear.
Mr Knox also argued the alleged facts remained "unclear", as were "the circumstances of death".
He argued his client appeared to have "a low level of involvement" in the alleged crimes.
"One of the co-accused who appeared yesterday seems to have been the primary motivator to these incidents," Mr Knox told the court.
He said his client would report seven days each week to police and "does not pose a risk to the community".
"There is not even a caution on his record," Mr Knox said.
"He is a law-abiding young man."
Given his client's age and that it would his "first time ever in custody", Mr Knox said bail should be granted.
The registrar acknowledged the vulnerability of the accused due to his age and that he had the support of his family.
There was "no criminal history or history of violence". However, it was alleged a violent incident had taken place "as a joint enterprise".
The registrar refused bail on the grounds the risks outlined by the prosecution could not be mitigated by conditions.
"I am not satisfied there are conditions that can be imposed," she said.
He will also reappear via audio-visual link on February 20.
The registrar established both accused had family members in court and asked both if they had understood proceedings.
They said they had.
A 17-year-old male co-accused appeared before Batemans Bay Children's Court on Thursday afternoon, February 13 and was refused bail.