Director of Public Prosecutions (NSW) v PH [2022] NSWSC 1245

Director of Public Prosecutions (NSW) v PH [2022] NSWSC 1245

The Court refused the detention application because, despite the extremely grave objective seriousness of the offending and the high likelihood of full-time custody, it was not satisfied that full-time imprisonment was practically inevitable given the respondent's youth, subjective mitigation, guilty pleas, time in custody, lengthy compliance with rigorous bail, and the role of rehabilitation under the Children (Criminal Proceedings) Act 1987 (NSW). In any event, the pending funeral of the respondent's grandfather would constitute special circumstances in context, and any unacceptable risk could be ameliorated by varying the bail condition concerning being alone with children under a...

Jurisdiction
Australia
Judgment Date
14 September 2022
Procedural Posture
Detention Application Under S 50 of the Bail Act 2013 (nsw) Founded Upon S 22 B of the Bail Act 2013 (nsw) / Following Pleas of Guilty in the Children's Court and Before Sentencing in the District Court
Outcome
Crown detention application refused; one bail condition varied.
Legal Topics
['detention Application' 's 22 B Bail Act 2013 (nsw)' 'juvenile Offender Dealt With According to Law' 'practical Inevitability of Full Time Imprisonment' 'special or Exceptional Circumstances' 'unacceptable Risk' 'bail Conditions']
['criminal Law' 'bail' "children's Criminal Proceedings" 'sentencing'] ['detention Application' 's 22 B Bail Act 2013 (nsw)' 'juvenile Offender Dealt With According to Law' 'practical Inevitability of Full Time Imprisonment' 'special or Exceptional Circumstances' 'unacceptable Risk' 'bail Conditions']

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Procedural Posture

Detention Application Under S 50 of the Bail Act 2013 (nsw) Founded Upon S 22 B of the Bail Act 2013 (nsw) / Following Pleas of Guilty in the Children's Court and Before Sentencing in the District Court

Legal Issues

  1. 1 ['Whether, for the purposes of s 22B of the Bail Act 2013 (NSW), it was practically or realistically inevitable that the respondent would be sentenced to full-time imprisonment.' 'If s 22B were engaged, whether special or exceptional circumstances justified not ordering immediate detention.' 'Separately from s 22B, whether any bail risks were unacceptable and could not be ameliorated by conditions.']

Ratio Decidendi

The Court refused the detention application because, despite the extremely grave objective seriousness of the offending and the high likelihood of full-time custody, it was not satisfied that full-time imprisonment was practically inevitable given the respondent's youth, subjective mitigation, guilty pleas, time in custody, lengthy compliance with rigorous bail, and the role of rehabilitation under the Children (Criminal Proceedings) Act 1987 (NSW). In any event, the pending funeral of the respondent's grandfather would constitute special circumstances in context, and any unacceptable risk could be ameliorated by varying the bail condition concerning being alone with children under a...

Court Disposition

Crown detention application refused; one bail condition varied.

Orders

  • ['The detention application is refused.' 'Condition of bail varied: The applicant is not to be alone with any child under the age of 13 years.']