R v WB [2023] NSWSC 591

R v WB [2023] NSWSC 591

Bail was granted because the applicant was a very young person who had already spent about one month in custody and faced likely delay before his charges were dealt with, there were significant question marks over identification evidence, he had family support in the community, and the proposed conditions would maintain any risk he presented below the level of unacceptable.

Jurisdiction
Australia
Judgment Date
29 May 2023
Procedural Posture
Bail Application / Application for Release on Bail Heard and Determined in the Supreme Court of New South Wales While Charges Were Listed in the Children's Court
Outcome
Bail granted subject to conditions.
Legal Topics
['aboriginal Child Applicant' 'conditional Bail' 'youth Justice Supervision or Support' 'identification Evidence' 'rehabilitation of Young Offenders' 'unacceptable Risk']
['criminal Law' 'bail' "children's Criminal Proceedings"] ['aboriginal Child Applicant' 'conditional Bail' 'youth Justice Supervision or Support' 'identification Evidence' 'rehabilitation of Young Offenders' 'unacceptable Risk']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bail Application / Application for Release on Bail Heard and Determined in the Supreme Court of New South Wales While Charges Were Listed in the Children's Court

Legal Issues

  1. 1 ['Whether the proposed bail conditions would maintain any risk presented by the applicant below the level of unacceptable.' "Whether the applicant's youth, time in custody, likely delay before the charges are dealt with, and issues concerning identification evidence supported release on bail." 'Whether Youth Justice can or should supervise a young person on bail where the young person has pleaded not guilty or has not been found guilty.']

Ratio Decidendi

Bail was granted because the applicant was a very young person who had already spent about one month in custody and faced likely delay before his charges were dealt with, there were significant question marks over identification evidence, he had family support in the community, and the proposed conditions would maintain any risk he presented below the level of unacceptable.

Court Disposition

Bail granted subject to conditions.

Orders

  • ['The applicant is released on conditions.' 'The applicant is to be of good behaviour.' "The applicant is to appear at the Children's Court at Dubbo on the next date fixed by the court at the directions reply to brief hearing listed on 29 May 2023, and thereafter as directed, and is also to appear at the Walgett...