R v KO [2024] NSWSC 679

R v KO [2024] NSWSC 679

Section 22C of the Bail Act 2013 (NSW) did not apply because the earlier alleged offence was an attempt to commit a serious breaking and entering offence and was agreed not to be a relevant offence. Applying the unacceptable risk test, although the allegations, especially the dangerous driving of a stolen vehicle, created serious bail concerns, those concerns did not rise to an unacceptable risk when balanced against the applicant's age, lack of prior convictions, difficult custody experience, strong family supervision, proposed engagement with school, PCYC and Youth Justice, and the likelihood that a custodial sentence would be unlikely if convicted.

Jurisdiction
Australia
Judgment Date
07 May 2024
Procedural Posture
Release Application Pursuant to S 49 of the Bail Act 2013 (nsw) / Bail Application
Outcome
Bail granted with conditions.
Legal Topics
['release Application' 'young Person' 'bail Act 2013 (nsw), S 22 C' 'relevant Offences' 'unacceptable Risk Test' 'attempted Break and Enter' 'motor Theft Offence']
['criminal Law' 'bail'] ['release Application' 'young Person' 'bail Act 2013 (nsw), S 22 C' 'relevant Offences' 'unacceptable Risk Test' 'attempted Break and Enter' 'motor Theft Offence']

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Procedural Posture

Release Application Pursuant to S 49 of the Bail Act 2013 (nsw) / Bail Application

Legal Issues

  1. 1 ["Whether s 22C of the Bail Act 2013 (NSW) applied to the applicant's release application." 'Whether the attempted aggravated break, enter and steal charge was a relevant offence for the purposes of s 22C of the Bail Act 2013 (NSW).' 'Whether, applying the unacceptable risk test under s 19 of the Bail Act 2013 (NSW), bail should be refused.' "Whether conditions and the applicant's personal circumstances sufficiently ameliorated bail concerns."]

Ratio Decidendi

Section 22C of the Bail Act 2013 (NSW) did not apply because the earlier alleged offence was an attempt to commit a serious breaking and entering offence and was agreed not to be a relevant offence. Applying the unacceptable risk test, although the allegations, especially the dangerous driving of a stolen vehicle, created serious bail concerns, those concerns did not rise to an unacceptable risk when balanced against the applicant's age, lack of prior convictions, difficult custody experience, strong family supervision, proposed engagement with school, PCYC and Youth Justice, and the likelihood that a custodial sentence would be unlikely if convicted.

Court Disposition

Bail granted with conditions.

Orders

  • ['Bail is granted with conditions.']