R v TW [2024] NSWSC 1504

R v TW [2024] NSWSC 1504

Bail is granted because the applicant is supported by a Youth Justice programme which, if implemented, provides a high degree of confidence that he will not commit a serious indictable offence while on bail, thereby satisfying the requirements of s 22C of the Bail Act 2013 (NSW) if applicable.

Parties
Applicant: TW; Respondent: Rex
Jurisdiction
Australia
Judgment Date
17 June 2024
Procedural Posture
Bail Application / Hearing and Decision
Outcome
Conditional bail granted
Legal Topics
Bail, Juvenile Criminal Law, Constitutional Law
Criminal Law Bail Juvenile Criminal Law Constitutional Law

Case Brief

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Parties

TW

Applicant

Rex

Respondent

Procedural Posture

Bail Application / Hearing and Decision

Legal Issues

  1. 1 Whether bail should be granted to an Aboriginal juvenile charged with multiple offences considering s 22C of the Bail Act 2013 (NSW)
  2. 2 Application and possible constitutional validity of s 22C of the Bail Act 2013 (NSW)

Ratio Decidendi

Bail is granted because the applicant is supported by a Youth Justice programme which, if implemented, provides a high degree of confidence that he will not commit a serious indictable offence while on bail, thereby satisfying the requirements of s 22C of the Bail Act 2013 (NSW) if applicable.

Court Disposition

Conditional bail granted

Orders

  • Bail granted subject to the bail conditions for the offences as listed, including aggravated break enter, enter building/land with intent, being carried in a stolen conveyance, aggravated break and enter commit serious indictable offence, participate in criminal group, and related offences.