R v Kelu; R v Millner (No 7) [2023] NSWSC 1543

R v Kelu; R v Millner (No 7) [2023] NSWSC 1543

The combination of matters relied upon by the offender, including his employment as a complex care worker, responsibility for care, and need for psychiatric opinion, do not establish special or exceptional circumstances justifying refusal of detention. The detention application is granted.

Jurisdiction
Australia
Judgment Date
13 July 2023
Procedural Posture
Detention Application / Post Conviction, Pre Sentencing
Outcome
detention application granted
Legal Topics
['bail' 'detention Application' 'special or Exceptional Circumstances']
['criminal Law'] ['bail' 'detention Application' 'special or Exceptional Circumstances']

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Procedural Posture

Detention Application / Post Conviction, Pre Sentencing

Legal Issues

  1. 1 ['Whether special or exceptional circumstances exist to justify granting bail or refusing detention post-conviction under Bail Act 2013 (NSW), s 22B']

Ratio Decidendi

The combination of matters relied upon by the offender, including his employment as a complex care worker, responsibility for care, and need for psychiatric opinion, do not establish special or exceptional circumstances justifying refusal of detention. The detention application is granted.

Court Disposition

detention application granted

Orders

  • ['The detention application in respect of the offender, Cedric Adrian Millner, is granted and he is to be taken into custody.']