R v JH [2023] NSWSC 93

R v JH [2023] NSWSC 93

Although there are bail concerns, including risk of a serious offence and danger to the community, the Court is satisfied that none of the risks amounts to an unacceptable risk given the applicant’s young age, background of disadvantage, and the intensive support and strict conditions proposed. Therefore, conditional bail is granted.

Parties
Applicant: JH; Respondent: Rex
Jurisdiction
Australia
Judgment Date
15 February 2023
Procedural Posture
Bail Application / Application for Release to Bail in Supreme Court; Decision Granting Bail
Outcome
Bail granted subject to conditions
Legal Topics
Bail, Unacceptable Risk, Aboriginal Child, Youth Justice Supervision, Bail Conditions
Criminal Law Bail Unacceptable Risk Aboriginal Child Youth Justice Supervision Bail Conditions

Case Brief

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Parties

JH

Applicant

Rex

Respondent

Procedural Posture

Bail Application / Application for Release to Bail in Supreme Court; Decision Granting Bail

Legal Issues

  1. 1 Whether the applicant poses an unacceptable risk if granted bail
  2. 2 Whether the proposed bail conditions can sufficiently mitigate risk to the community and ensure compliance by the applicant
  3. 3 Whether Youth Justice can supervise an Aboriginal child on bail where the child has pleaded not guilty to the offence

Ratio Decidendi

Although there are bail concerns, including risk of a serious offence and danger to the community, the Court is satisfied that none of the risks amounts to an unacceptable risk given the applicant’s young age, background of disadvantage, and the intensive support and strict conditions proposed. Therefore, conditional bail is granted.

Court Disposition

Bail granted subject to conditions

Orders

  • Applicant to be of good behaviour
  • Applicant to appear at Dubbo Children's Court on 13 February 2023 and as directed