R v JW [2017] NSWSC 1843

R v JW [2017] NSWSC 1843

Although the applicant had a lengthy criminal history for her age, had breached bail, and faced serious allegations of threatening conduct, she was 15 years old, had not previously been sent to an institution by way of a control order, was pregnant, had supported accommodation and counselling available, had expressed an intention to change and pursue education, and would otherwise remain in custody until the listed hearing in circumstances where she might serve all or most of any eventual control order. With stringent conditions proposed, the Court granted release.

Jurisdiction
Australia
Judgment Date
21 December 2017
Procedural Posture
Criminal Bail/release Application / Urgent Release Application After Bail Was Refused by the Children's Court
Outcome
Release application granted
Legal Topics
['release Application' 'stalk and Intimidate Charges' 'breach of Bail' 'child Applicant' 'pregnancy' 'bail Conditions']
['criminal Law' 'bail' 'children and Young Persons'] ['release Application' 'stalk and Intimidate Charges' 'breach of Bail' 'child Applicant' 'pregnancy' 'bail Conditions']

Case Brief

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Procedural Posture

Criminal Bail/release Application / Urgent Release Application After Bail Was Refused by the Children's Court

Legal Issues

  1. 1 ['Whether a 15-year-old applicant charged with two stalk and intimidate offences should be granted release after previous bail breaches and a significant criminal history.' "Whether the applicant's age, pregnancy, proposed accommodation, supervision, and stringent conditions justified release despite concerns about risk and compliance."]

Ratio Decidendi

Although the applicant had a lengthy criminal history for her age, had breached bail, and faced serious allegations of threatening conduct, she was 15 years old, had not previously been sent to an institution by way of a control order, was pregnant, had supported accommodation and counselling available, had expressed an intention to change and pursue education, and would otherwise remain in custody until the listed hearing in circumstances where she might serve all or most of any eventual control order. With stringent conditions proposed, the Court granted release.

Court Disposition

Release application granted

Orders

  • ['Bail granted on conditions.' 'For bail conditions, see Court file.']