R v ET [2022] NSWSC 905

R v ET [2022] NSWSC 905

Because there was a reasonably strong prospect that any non-parole period imposed for affray would not exceed the time the young applicant had already spent in custody, special or exceptional circumstances were established under s 22B(1)(a); the identified bail concern that he might commit further serious public order offences did not rise to an unacceptable risk given the short period until sentence and the likely salutary effect of custody.

Jurisdiction
Australia
Judgment Date
06 July 2022
Procedural Posture
Criminal Bail Application / After Guilty Plea/conviction and Before Sentence
Outcome
Conditional bail granted
Legal Topics
['post Conviction Bail Before Sentence' 'special or Exceptional Circumstances' 'affray' 'young Offender' 'unacceptable Risk']
['criminal Law' 'bail'] ['post Conviction Bail Before Sentence' 'special or Exceptional Circumstances' 'affray' 'young Offender' 'unacceptable Risk']

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Procedural Posture

Criminal Bail Application / After Guilty Plea/conviction and Before Sentence

Legal Issues

  1. 1 ['Whether, following conviction and before sentence, the applicant established special or exceptional circumstances under s 22B(1)(a) of the Bail Act 2013 (NSW).' 'Whether bail concerns, including the risk of further serious offending, amounted to an unacceptable risk.']

Ratio Decidendi

Because there was a reasonably strong prospect that any non-parole period imposed for affray would not exceed the time the young applicant had already spent in custody, special or exceptional circumstances were established under s 22B(1)(a); the identified bail concern that he might commit further serious public order offences did not rise to an unacceptable risk given the short period until sentence and the likely salutary effect of custody.

Court Disposition

Conditional bail granted

Orders

  • ['Bail granted on conditions.']