R v Paul Campbell (a pseudonym) [2017] NSWSC 1844

R v Paul Campbell (a pseudonym) [2017] NSWSC 1844

The applicant established special or exceptional circumstances because the proposed sentence appeal was at least arguable and had some prospects of success, the non-parole period was short and a significant period in juvenile custody could be served before appeal, and the applicant was a fourteen-year-old child with...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 December 2017
Procedural Posture
Bail Application Pending Appeal to the Court of Criminal Appeal / After Sentence in the District Court and After Filing of a Notice of Intention to Appeal Against Sentence
Outcome
Release Application Granted
Legal Topics
['special or Exceptional Circumstances' 'bail Pending Appeal' 'unacceptable Risk Test' 'child Offender' 'short Custodial Sentence' 'prospects of Appeal' 'security Requirement for Bail']
['criminal Law' 'bail' 'sentencing of Children'] ['special or Exceptional Circumstances' 'bail Pending Appeal' 'unacceptable Risk Test' 'child Offender' 'short Custodial Sentence' 'prospects of Appeal' 'security Requirement for Bail']

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Procedural Posture

Bail Application Pending Appeal to the Court of Criminal Appeal / After Sentence in the District Court and After Filing of a Notice of Intention to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the applicant had established special or exceptional circumstances under s 22 of the Bail Act 2013 (NSW) justifying bail pending appeal.' 'Whether the proposed grounds of appeal against sentence were arguable and had some prospects of success.' 'Whether the custodial component of the sentence may be substantially served before the appeal is heard.' 'Whether any unacceptable risks under ss 17 and 19 of the Bail Act 2013 (NSW) justified refusal of bail.' 'Whether a secured surety could lawfully be imposed under s 26(5) of the Bail Act 2013 (NSW).']

Ratio Decidendi

The applicant established special or exceptional circumstances because the proposed sentence appeal was at least arguable and had some prospects of success, the non-parole period was short and a significant period in juvenile custody could be served before appeal, and the applicant was a fourteen-year-old child with no prior convictions, good rehabilitation, prior compliance with bail, and a need to commence at a new school. Having considered the relevant unacceptable risk matters, the Court was not satisfied that any unacceptable risk existed, and bail was granted. A secured surety could not be imposed because the Court was not satisfied there was a bail concern that the applicant would...

Court Disposition

Release Application Granted

Orders

  • ['The bail application is granted on conditions.' 'The Court did not impose a condition requiring secured surety.']