R v RB [2024] NSWSC 471

R v RB [2024] NSWSC 471

Section 22C of the Bail Act 2013 (NSW) did not apply because, properly construed in light of its purpose and the Second Reading Speech, it applies where a young person commits a further relevant offence while on bail after s 22C commenced; RB's alleged further offending on bail occurred on 26 February 2024, before commencement on 3 April 2024. Applying the ordinary unacceptable risk test, the strict proposed conditions, family and service support, employment opportunity, and other circumstances ameliorated the identified bail concerns to below the level of unacceptable risk, so RB was released on conditional bail.

Jurisdiction
Australia
Judgment Date
26 April 2024
Procedural Posture
Bail Application / Application for Release on Bail Before the Supreme Court of New South Wales
Outcome
Young person released on conditions.
Legal Topics
['aboriginal Youth Bail' 'unacceptable Risk' 'temporary Limitation on Bail Under S 22 C of the Bail Act 2013 (nsw)' 'break and Enter and Motor Vehicle Theft Offences' 'police Material in Bail Applications' 'children Accused of Offences']
['criminal Law' 'bail' "children's Criminal Proceedings" 'statutory Interpretation'] ['aboriginal Youth Bail' 'unacceptable Risk' 'temporary Limitation on Bail Under S 22 C of the Bail Act 2013 (nsw)' 'break and Enter and Motor Vehicle Theft Offences' 'police Material in Bail Applications' 'children Accused of Offences']

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Procedural Posture

Bail Application / Application for Release on Bail Before the Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether s 22C of the Bail Act 2013 (NSW), inserted by the Bail and Crimes Amendment Act 2024 (NSW), applied to RB's bail application where all alleged relevant offending occurred before s 22C commenced on 3 April 2024." 'Whether any unacceptable risks identified under the Bail Act 2013 (NSW) could be ameliorated by proposed bail conditions and support services.' 'What weight should be given to police letters containing generalised accusations, conclusions or opinions about bail rather than underlying facts.' 'Whether s 22C creates tension with the Children (Criminal Proceedings) Act 1987 (NSW) and treats a specified class of accused young persons less favourably than adults.']

Ratio Decidendi

Section 22C of the Bail Act 2013 (NSW) did not apply because, properly construed in light of its purpose and the Second Reading Speech, it applies where a young person commits a further relevant offence while on bail after s 22C commenced; RB's alleged further offending on bail occurred on 26 February 2024, before commencement on 3 April 2024. Applying the ordinary unacceptable risk test, the strict proposed conditions, family and service support, employment opportunity, and other circumstances ameliorated the identified bail concerns to below the level of unacceptable risk, so RB was released on conditional bail.

Court Disposition

Young person released on conditions.

Orders

  • ['RB released on conditional bail on 16 April 2024.']