R v TB [2025] NSWSC 38

R v TB [2025] NSWSC 38

Given the supports available to TB, the absence of unacceptable risk on assessment, and satisfaction of the high degree of confidence required under s 22C Bail Act 2013 (NSW), the prosecution has not established bail should be refused and conditional bail is granted.

Parties
Applicant: TB; Respondent: Rex
Jurisdiction
Australia
Judgment Date
06 February 2025
Procedural Posture
Bail Application / Bail Decision; Application for Release Pending Charge Withdrawal
Outcome
Conditional bail granted
Legal Topics
Bail for Children, Section 22 C Bail Act 2013 (nsw), Interaction With Children (criminal Proceedings) Act 1987 (nsw)
Criminal Law Bail Bail for Children Section 22 C Bail Act 2013 (nsw) Interaction With Children (criminal Proceedings) Act 1987 (nsw)

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Parties

TB

Applicant

Rex

Respondent

Procedural Posture

Bail Application / Bail Decision; Application for Release Pending Charge Withdrawal

Legal Issues

  1. 1 Whether bail should be granted to a 14-year-old Aboriginal child charged with offences likely to be withdrawn
  2. 2 Application of s 22C Bail Act 2013 (NSW) requirements for bail of a child charged with relevant offences while on bail
  3. 3 Tension between s 22C Bail Act 2013 and s 6 Children (Criminal Proceedings) Act 1987 (NSW)

Ratio Decidendi

Given the supports available to TB, the absence of unacceptable risk on assessment, and satisfaction of the high degree of confidence required under s 22C Bail Act 2013 (NSW), the prosecution has not established bail should be refused and conditional bail is granted.

Court Disposition

Conditional bail granted

Orders

  • The applicant is to be of good behaviour.
  • The applicant is to appear at the Children's Court at Parramatta on 26 February 2025 and the Children's Court at Campbelltown on 5 March 2025, and thereafter as directed.