R v White [2024] NSWSC 1527

R v White [2024] NSWSC 1527

The Crown's detention application is refused because the court is not prepared to conclude, at this stage and based on incomplete materials, that it is realistically inevitable the offender will be sentenced to full-time imprisonment. While the arrangements for protective custody appear adequate, neither the custodial circumstances nor the offender's personal circumstances alone amount to special or exceptional circumstances justifying bail under s 22B. The bail continues on varied conditions, and proceedings are adjourned for sentencing submissions.

Parties
Crown: Rex; Offender: Kristian James Samuel White
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Criminal / Post Conviction, Pre Sentencing; Determination of Detention Application Under Bail Act 2013 S 22 B
Outcome
Crown's application for detention refused; bail continued as varied; proceedings adjourned for sentencing submissions.
Legal Topics
Detention Application, Bail Act 2013 S 22 B, Special or Exceptional Circumstances, Sentencing, Manslaughter by Police Officer
Criminal Law Bail Detention Application Bail Act 2013 S 22 B Special or Exceptional Circumstances Sentencing Manslaughter by Police Officer

Case Brief

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Parties

Rex

Crown

Kristian James Samuel White

Offender

Procedural Posture

Criminal / Post Conviction, Pre Sentencing; Determination of Detention Application Under Bail Act 2013 S 22 B

Legal Issues

  1. 1 Whether special or exceptional circumstances exist to justify bail post-conviction pre-sentencing for manslaughter by a police officer under Bail Act 2013 s 22B
  2. 2 Whether the offender will be sentenced to imprisonment to be served by full-time detention

Ratio Decidendi

The Crown's detention application is refused because the court is not prepared to conclude, at this stage and based on incomplete materials, that it is realistically inevitable the offender will be sentenced to full-time imprisonment. While the arrangements for protective custody appear adequate, neither the custodial circumstances nor the offender's personal circumstances alone amount to special or exceptional circumstances justifying bail under s 22B. The bail continues on varied conditions, and proceedings are adjourned for sentencing submissions.

Court Disposition

Crown's application for detention refused; bail continued as varied; proceedings adjourned for sentencing submissions.

Orders

  • Refuse the Crown's detention application.
  • Continue bail on conditions as varied by consent: offender to be of good behaviour, not travel overseas, and not approach or communicate with any member of the family of Clare Nowland.