R v JS [2025] NSWSC 116

R v JS [2025] NSWSC 116

The Crown has not dissuaded the Court from having a high degree of confidence, under s 22C of the Bail Act 2013 (NSW), that JS will not commit a serious indictable offence while on bail, given the strict conditions, supervision plan, and support available. Any risk is manageable below the threshold of unacceptable risk. Accordingly, bail is granted with conditions.

Parties
Applicant: JS; Respondent: Rex
Jurisdiction
Australia
Judgment Date
28 February 2025
Procedural Posture
Bail Application / Decision on Bail With Conditions
Outcome
Bail granted with conditions
Legal Topics
Children in Criminal Proceedings, Bail Applications, Bail Act 2013 (nsw) S 22 C, Unacceptable Risk Test, Children (criminal Proceedings) Act 1987 (nsw) S 6
Criminal Law Bail Children in Criminal Proceedings Bail Applications Bail Act 2013 (nsw) S 22 C Unacceptable Risk Test Children (criminal Proceedings) Act 1987 (nsw) S 6

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Parties

JS

Applicant

Rex

Respondent

Procedural Posture

Bail Application / Decision on Bail With Conditions

Legal Issues

  1. 1 Whether bail should be granted to a 15-year-old Aboriginal child charged with multiple serious offences allegedly committed while on bail for other offences, in light of s 22C of the Bail Act 2013 (NSW) and principles in s 6 of the Children (Criminal Proceedings) Act 1987 (NSW)
  2. 2 Assessment of unacceptable risk under Bail Act 2013 (NSW), ss 17 and 19
  3. 3 Interaction between s 22C Bail Act and s 6 Children (Criminal Proceedings) Act

Ratio Decidendi

The Crown has not dissuaded the Court from having a high degree of confidence, under s 22C of the Bail Act 2013 (NSW), that JS will not commit a serious indictable offence while on bail, given the strict conditions, supervision plan, and support available. Any risk is manageable below the threshold of unacceptable risk. Accordingly, bail is granted with conditions.

Court Disposition

Bail granted with conditions

Orders

  • Applicant be of good behaviour
  • Applicant to appear at Tamworth Local Court as directed