R v BG [2015] NSWSC 2098

R v BG [2015] NSWSC 2098

Although the charges were extremely serious and the later offences involved a serious breach of bail, the applicant was 14 years old, had strong family and local indigenous community support, had spent almost two and a half months in custody, and the proposed bail conditions could mitigate the risk of further serious offending. The risks were not unacceptable, so bail was granted and prior bail conditions were varied for consistency.

Jurisdiction
Australia
Judgment Date
30 June 2015
Procedural Posture
Criminal Bail Release Application / Bail Application
Outcome
Bail application granted
Legal Topics
['bail' 'release Application' 'robbery Offences' 'bail Breach' 'unacceptable Risk' 'child Applicant']
['criminal Law'] ['bail' 'release Application' 'robbery Offences' 'bail Breach' 'unacceptable Risk' 'child Applicant']

Case Brief

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Procedural Posture

Criminal Bail Release Application / Bail Application

Legal Issues

  1. 1 ['Whether the applicant should be granted bail despite serious robbery and stealing from the person charges.' "Whether the applicant's risks of non-appearance and further serious offending were unacceptable." 'Whether existing bail conditions should be varied so that all bail terms were consistent.']

Ratio Decidendi

Although the charges were extremely serious and the later offences involved a serious breach of bail, the applicant was 14 years old, had strong family and local indigenous community support, had spent almost two and a half months in custody, and the proposed bail conditions could mitigate the risk of further serious offending. The risks were not unacceptable, so bail was granted and prior bail conditions were varied for consistency.

Court Disposition

Bail application granted

Orders

  • ['Bail varied in relation to the charges listed on H57060311 and on charge sheet H57299547 to allow the applicant to reside at X XXXXX XXXXXXXX, XXXXXXXXXX instead of XX XXXX XXXXXX, XXXXXXXXXXX.' 'Bail granted in relation to the charges listed on H57844459 and H57783750 on conditions.' 'For bail conditions see...