Police v Hawkins [2023] NSWLC 3

Police v Hawkins [2023] NSWLC 3

Section 22B of the Bail Act 2013 (NSW) applied to Mr Hawkins' release application because, although sentence had been imposed in the Local Court, the sentencing process was not finalised while his severity appeal to the District Court remained pending. Given his criminal history, the seriousness of the offending, prior non-compliance with community based orders, medium/high risk of reoffending, unresolved mental health and drug issues, and the Local Court sentence already imposed, it was realistically inevitable that he would be sentenced to full-time imprisonment. No special or exceptional circumstances were advanced, so bail had to be refused.

Jurisdiction
Australia
Judgment Date
11 May 2023
Procedural Posture
Criminal Release Application for Bail Pending Severity Appeal / After Local Court Sentence and Before Determination of District Court Severity Appeal
Outcome
Bail refused
Legal Topics
['release Application' 'severity Appeal' 'post Conviction Bail' 'special or Exceptional Circumstances Under S 22 B of the Bail Act 2013 (nsw)' 'unacceptable Risk']
['criminal Law' 'bail' 'criminal Appeals'] ['release Application' 'severity Appeal' 'post Conviction Bail' 'special or Exceptional Circumstances Under S 22 B of the Bail Act 2013 (nsw)' 'unacceptable Risk']

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Procedural Posture

Criminal Release Application for Bail Pending Severity Appeal / After Local Court Sentence and Before Determination of District Court Severity Appeal

Legal Issues

  1. 1 ['Whether s 22B of the Bail Act 2013 (NSW) applies to a release application for bail after sentence in the Local Court while a severity appeal to the District Court is pending.' 'Whether it was realistically inevitable that Mr Hawkins would be sentenced to full-time imprisonment in the District Court.' 'Whether special or exceptional circumstances existed to justify bail.' 'Whether, if s 22B did not apply, bail should be refused because of unacceptable risks of failure to appear and commission of a serious offence on bail.']

Ratio Decidendi

Section 22B of the Bail Act 2013 (NSW) applied to Mr Hawkins' release application because, although sentence had been imposed in the Local Court, the sentencing process was not finalised while his severity appeal to the District Court remained pending. Given his criminal history, the seriousness of the offending, prior non-compliance with community based orders, medium/high risk of reoffending, unresolved mental health and drug issues, and the Local Court sentence already imposed, it was realistically inevitable that he would be sentenced to full-time imprisonment. No special or exceptional circumstances were advanced, so bail had to be refused.

Court Disposition

Bail refused

Orders

  • ['Bail refused']