R v Kinchela [2002] NSWSC 8

R v Kinchela [2002] NSWSC 8

Bail may be granted to an offender with significant alcohol dependency for the express purpose of undertaking a supervised rehabilitation program, particularly where the corrective services system has not provided adequate treatment, and arrangements for residential rehabilitation are in place.

Parties
Prosecution: Regina; Applicant: Shane Anthony Kinchela
Jurisdiction
Australia
Judgment Date
23 January 2002
Procedural Posture
Bail Application / Hearing and Decision on Bail Application
Outcome
Bail granted subject to strict conditions.
Legal Topics
Bail, Alcohol Dependency, Offender Rehabilitation
Criminal Law Bail Alcohol Dependency Offender Rehabilitation

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Parties

Regina

Prosecution

Shane Anthony Kinchela

Applicant

Procedural Posture

Bail Application / Hearing and Decision on Bail Application

Legal Issues

  1. 1 Whether bail should be granted to an accused with a significant history of alcohol dependency and serious offending, for purpose of obtaining treatment

Ratio Decidendi

Bail may be granted to an offender with significant alcohol dependency for the express purpose of undertaking a supervised rehabilitation program, particularly where the corrective services system has not provided adequate treatment, and arrangements for residential rehabilitation are in place.

Court Disposition

Bail granted subject to strict conditions.

Orders

  • Applicant to reside at Benelong's Haven and complete a course of drug and alcohol rehabilitation.
  • Release only into the custody of his mother, Cheryl Maree Kinchela, and direct transport to Benelong's Haven.