R v Kelu; R v Millner (No 6) [2023] NSWSC 1542

R v Kelu; R v Millner (No 6) [2023] NSWSC 1542

Mr Kelu discharged the onus of establishing special or exceptional circumstances because, considered as a whole, his significant health issues and autism spectrum disorder, together with the short period of time sought to undergo further testing, treatment and obtain neuropsychological recommendations for his transition into custody, would materially assist his physical and mental health when entering custody. The detention application was therefore refused.

Jurisdiction
Australia
Judgment Date
13 July 2023
Procedural Posture
Detention Application Under S 22 B of the Bail Act 2013 (nsw) Following Conviction and Before Sentencing / Post Conviction, Before Sentencing
Outcome
The detention application in respect of the offender, Jonatan Kelu, is refused.
Legal Topics
['detention Application' 'special or Exceptional Circumstances' 'autism Spectrum Disorder' 'health Problems' 'conspiracy to Defraud the Commonwealth']
['criminal Law' 'bail'] ['detention Application' 'special or Exceptional Circumstances' 'autism Spectrum Disorder' 'health Problems' 'conspiracy to Defraud the Commonwealth']

Case Brief

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Procedural Posture

Detention Application Under S 22 B of the Bail Act 2013 (nsw) Following Conviction and Before Sentencing / Post Conviction, Before Sentencing

Legal Issues

  1. 1 ['Whether special or exceptional circumstances existed under s 22B of the Bail Act 2013 (NSW) such that the detention application in respect of Jonatan Kelu should be refused.' "Whether the offender's health problems, autism spectrum disorder, need for testing and treatment, accommodation arrangements, and absence of flight risk established special or exceptional circumstances."]

Ratio Decidendi

Mr Kelu discharged the onus of establishing special or exceptional circumstances because, considered as a whole, his significant health issues and autism spectrum disorder, together with the short period of time sought to undergo further testing, treatment and obtain neuropsychological recommendations for his transition into custody, would materially assist his physical and mental health when entering custody. The detention application was therefore refused.

Court Disposition

The detention application in respect of the offender, Jonatan Kelu, is refused.

Orders

  • ['The detention application in respect of the offender, Jonatan Kelu, is refused.']