R v DS [2017] NSWSC 1842

R v DS [2017] NSWSC 1842

Although the applicant faced serious allegations, an apparently strong prosecution case, an alleged breach of bail, a lengthy criminal history for his age and prior bail non-compliance, the proposed stringent bail conditions, crisis accommodation, 24-hour supervision by LEAP, ongoing Juvenile Justice supervision through existing parole conditions, the positive evidence from Hannah McDonald, and the applicant's expressed insight and desire to change sufficiently mitigated the identified bail concerns. The risks therefore did not warrant refusal, and conditional bail was granted.

Jurisdiction
Australia
Judgment Date
19 December 2017
Procedural Posture
Release Application Under the Bail Act 2013 / Bail Application Before Trial or Children's Court Disposition
Outcome
Release application granted; stringent conditional bail granted.
Legal Topics
['unacceptable Risk Test' 'aboriginal Juvenile' 'alleged Breach of Bail' 'strength of Prosecution Case' 'presumption of Innocence' 'conditional Bail']
['criminal Law' 'bail' 'youth Justice'] ['unacceptable Risk Test' 'aboriginal Juvenile' 'alleged Breach of Bail' 'strength of Prosecution Case' 'presumption of Innocence' 'conditional Bail']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Release Application Under the Bail Act 2013 / Bail Application Before Trial or Children's Court Disposition

Legal Issues

  1. 1 ['Whether the bail concerns identified by the prosecution amounted to unacceptable risks requiring refusal of bail under s 19 of the Bail Act 2013.' 'Whether stringent proposed bail conditions, crisis accommodation and 24-hour supervision would mitigate the risks of non-appearance, further serious offending, danger to victims or the community, and interference with witnesses or evidence.']

Ratio Decidendi

Although the applicant faced serious allegations, an apparently strong prosecution case, an alleged breach of bail, a lengthy criminal history for his age and prior bail non-compliance, the proposed stringent bail conditions, crisis accommodation, 24-hour supervision by LEAP, ongoing Juvenile Justice supervision through existing parole conditions, the positive evidence from Hannah McDonald, and the applicant's expressed insight and desire to change sufficiently mitigated the identified bail concerns. The risks therefore did not warrant refusal, and conditional bail was granted.

Court Disposition

Release application granted; stringent conditional bail granted.

Orders

  • ['Grant stringent conditional bail.']