TWO teens charged with an alleged aggravated car-jacking have successfully applied to have their matters heard in a Children's Court rather than the County Court.
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The 16-year-old and 18-year-old boys appeared in a Children's Court on Monday after they were charged with offences stemming from the alleged December 24 incident.
Police alleged the two boys and eighteen-year-olds Ava Slowik and Lincon Pearce deceived the victim into attending Ms Slowick's property.
It was alleged the group then took the victim out to bushland where they dragged her out of the car and left her on a dirt road alone, in the middle of the night.
The 16-year-old boy allegedly punched the victim shortly after telling her, "You're going to get rolled".
The court heard the victim sustained grazes to her arms from the alleged incident.
The 16-year-old's defence lawyer said there was a lack of evidence linking the boy to those allegations.
The lawyer also said the charges should be heard in a Children's Court because the court had adequate powers to fairly sentence the boys if they were found guilty.
The 18-year-old boy's lawyer said the delay in the court system due to COVID-19 was also a relevant factor.
The lawyer said it could be a significant period of time before a trial with four co-accused would be heard in the County Court.
The lawyer told the Children's Court the delay would be unfair to the victim and the co-accused.
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The prosecutor told the court the victim would be under "great stress" if the proceedings were split between the two courts.
The prosecutor said it was a "very harrowing" experience for the victim and the Children's Court could not provide an adequate sentence for the co-accused.
The magistrate agreed the victim had been "defenceless and vulnerable" in the face of the alleged violence.
But the magistrate said delay was a relevant factor in their decision, as there were significant delays in County Court criminal trials.
"We're in unusual times," the magistrate said. "Were it not for this delay, this would not be heard summarily."
The magistrate told the court they were also satisfied the Children's Court had adequate sentencing provisions to sentence the teens, should they be found guilty or plead guilty to the offences.
The magistrate determined the boys' charges should be heard in the Children's Court rather than the County County.
The teens' matters were adjourned to Tuesday for a contest mention hearing. Their bail was extended to that next court date.
Ms Slowick and Mr Pearce will appear in the Bendigo Magistrates' Court on Tuesday for a committal hearing.
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