A private school boy accused of driving a stolen Jeep that killed another driver has been released on bail after a judge found the case against him was weak.
The 17-year-old boy faced a children's court on Friday after being charged with culpable driving causing the death of 28-year-old Ashburton man William Taylor.
It's alleged the teen was behind the wheel of a stolen Jeep that was speeding along Warrigal Road in the inner Melbourne suburb of Burwood about 7pm on Tuesday.
Mr Taylor was trying to turn right at the intersection with Highbury Road when the Jeep collided with his Toyota.
He died at the scene.
The Jeep continued on for about 50 metres before hitting a tree, with all six occupants running from the scene, the court was told.
Two 15-year-old girls, who were chased down by members of the public and taken to hospital under police guard, have since been charged with car theft.
The 17-year-old boy was arrested in Malvern East on Wednesday and charged with culpable and dangerous driving causing death, failure to stop and render assistance, car theft and unlicensed driving.
Three other males remain on the run.
The children's court judge on Friday found the police case against the 17-year-old to be weak, noting it centred on a pair of white runners, a phone call and CCTV from a train station an hour later.
"There are no eye witnesses that identify him as the driver," the judge said.
One of the female co-accused told police the boy was behind the wheel, but the judge found that evidence was inadmissible.
The prosecutor conceded their case was weak, however he argued police are awaiting further analysis of the Jeep and other material.
The boy's lawyer noted there would be delays in retrieving that evidence and his client was a young man in custody for the first time.
He said the 17-year-old had stable accommodation with his mother, was still attending a Melbourne private school and was not on bail at the time of the alleged offending.
The teen was placed on a diversionary program in August, where he had to be of good behaviour and complete a course, the court was told.
That course is still yet to be completed and the diversionary program had been adjourned off earlier this week.
The judge found the factors outlined by defence were compelling and any risk the boy posed could be reduced through conditions, including a 7pm to 6am curfew.
The judge refused the prosecution's application to physically examine the boy and photograph any injuries he allegedly sustained in the crash.
The teen was released on bail and will return to a children's court in August.
Mr Taylor's family released a statement on Friday afternoon, describing the 28-year-old as a much-loved family member who was quiet, intelligent and thoughtful.
"We are heartbroken and ask our privacy is respected as we come to terms with this devastating loss," the family said.
Earlier on Friday, Victoria's Acting Premier Ben Carroll defended the state's bail laws and denied the courts were going "too soft" on young offenders.
"Let’s be clear, no person who is an unacceptable risk should be getting bail," he told reporters at a train station in Croydon.
But shadow attorney-general Michael O'Brien said magistrates and judges were simply implementing the bail laws as written by the Labor government.
"This government has been in power for 21 years and appointed all of these judges," he said.
