R v SK R v DK [2014] NSWSC 816

R v SK R v DK [2014] NSWSC 816

Having regard to the applicants' acute vulnerability due to their youth, backgrounds, and recent trauma, as well as the conditions proposed by Juvenile Justice and their social worker, the court is satisfied that the risks associated with granting bail can be sufficiently mitigated by the imposition of those conditions.

Parties
Applicant: SK; Applicant: DK; Respondent: Crown
Jurisdiction
Australia
Judgment Date
20 May 2014
Procedural Posture
Release Application (bail) / Application for Conditional Bail
Outcome
Conditional bail granted
Legal Topics
Bail, Unacceptable Risk, Vulnerable Children
Criminal Law Bail Unacceptable Risk Vulnerable Children

Case Brief

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Parties

SK

Applicant

DK

Applicant

Crown

Respondent

Procedural Posture

Release Application (bail) / Application for Conditional Bail

Legal Issues

  1. 1 Whether the applicants present an unacceptable risk as identified in s 17 of the Bail Act 2013
  2. 2 Whether any such risk can be sufficiently mitigated by the imposition of bail conditions, particularly for vulnerable children

Ratio Decidendi

Having regard to the applicants' acute vulnerability due to their youth, backgrounds, and recent trauma, as well as the conditions proposed by Juvenile Justice and their social worker, the court is satisfied that the risks associated with granting bail can be sufficiently mitigated by the imposition of those conditions.

Court Disposition

Conditional bail granted

Orders

  • Applicants SK and DK to be released on conditional bail as per the detailed plan proposed by Juvenile Justice and Mr Denton