R v BH [2024] NSWSC 1577
The prosecution did not establish that bail should be refused. The risks posed can be sufficiently mitigated by strict bail conditions and community/youth justice support. The court is satisfied to a high degree of confidence that the applicant will not commit a serious indictable offence while on bail, as required by s 22C.
- Parties
- Applicant: BH; Respondent: Rex
- Jurisdiction
- Australia
- Judgment Date
- 09 December 2024
- Procedural Posture
- Bail Application / Decision on Bail Application
- Outcome
- Bail granted
- Legal Topics
- Bail, Children and Young Persons, Unacceptable Risk, Section 22 C Bail Act Test
Case Brief
Summary, issues, holding and outcome
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Parties
BH
Applicant
Rex
Respondent
Procedural Posture
Bail Application / Decision on Bail Application
Legal Issues
- 1 Application and interpretation of s 22C of the Bail Act 2013 (NSW) for young persons on bail for serious offences
- 2 Whether 'high degree of confidence' test under s 22C is met
- 3 Interaction of s 22C Bail Act with s 6 Children (Criminal Proceedings) Act 1987 (NSW)
Ratio Decidendi
The prosecution did not establish that bail should be refused. The risks posed can be sufficiently mitigated by strict bail conditions and community/youth justice support. The court is satisfied to a high degree of confidence that the applicant will not commit a serious indictable offence while on bail, as required by s 22C.
Court Disposition
Bail granted
Orders
- Release application granted
- Applicant to be of good behaviour
Full Case Text
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