R v Connor Fontaine (a pseudonym) [2021] NSWSC 177

R v Connor Fontaine (a pseudonym) [2021] NSWSC 177

There is no evidence that the applicant committed offences at night or that the curfew condition addresses a bail concern; imposition of the curfew is not reasonably necessary, reasonable, or proportionate, therefore the curfew condition should be deleted.

Parties
Respondent: Regina; Applicant: Connor Fontaine
Jurisdiction
Australia
Judgment Date
03 March 2021
Procedural Posture
Criminal / Application for Variation of Bail Condition
Outcome
Application granted; bail varied to delete curfew condition.
Legal Topics
Bail, Bail Conditions, Curfew, Variation of Bail, Young Offenders
Criminal Law Bail Bail Conditions Curfew Variation of Bail Young Offenders

Case Brief

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Parties

Regina

Respondent

Connor Fontaine

Applicant

Procedural Posture

Criminal / Application for Variation of Bail Condition

Legal Issues

  1. 1 Whether the curfew bail condition should be deleted for a ten-year-old applicant
  2. 2 Whether there is evidentiary basis for offences committed at night justifying the curfew

Ratio Decidendi

There is no evidence that the applicant committed offences at night or that the curfew condition addresses a bail concern; imposition of the curfew is not reasonably necessary, reasonable, or proportionate, therefore the curfew condition should be deleted.

Court Disposition

Application granted; bail varied to delete curfew condition.

Orders

  • The application to vary bail is granted.
  • Bail is varied to delete the curfew condition.