JD v Commissioner of Police, NSW Police Force [2022] NSWSC 911

Supreme Court New South Wales

Medium Neutral Citation: JD v Commissioner of Police, NSW Police Force [2022] NSWSC 911 Hearing dates: 5 July 2022 Decision date: 08 July 2022 Jurisdiction: Common Law Before: Ierace J Decision: (1) Time to file the summons is extended to 14 February 2022; (2) The order made in the Children's Court on 19 October 2021, that the plaintiff breached a condition of bail, is set aside; (3) Each party to pay its own costs. Catchwords: CRIME – Appeal and review – Application for leave to appeal from interlocutory decision of Local Court under s 53(3)(b) of the Crimes (Appeal and Review) Act 2001 (NSW) – where sentencing decision and bail variation application listed on same day before a Children's Court Magistrate – where Magistrate made finding of failure to comply with a bail condition following sentencing decision – whether Magistrate lacked jurisdiction to make a failure to comply finding because no substantive proceedings were pending or otherwise – meaning of "bail decision" in the Bail Act 2013 (NSW) – consideration of appropriate form of relief – alternatively, whether Magistrate applied incorrect standard of proof in making a failure to comply finding Legislation Cited: Bail Act 2013 (NSW), ss 4, 8, 15, 32, 51, 77, 77A, 78, 79 Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes (Appeal and Review) Act 2001 (NSW), ss 3, 53(3)(b) Supreme Court Act 1970 (NSW), ss 69, 75 Cases Cited: Attorney General for New South Wales v XX (2018) 98 NSWLR 1012; [2018] NSWCCA 198 Belan v Commissioner of Corrective Services [2020] NSWSC 1503 Director of Public Prosecutions (NSW) v O'Conner (2006) 181 A Crim R 294; [2006] NSWSC 458 Gaudie v Local Court of New South Wales and Anor (2013) 235 A Crim R 98; [2013] NSWSC 1425 R v Hilton (1987) 7 NSWLR 745 Category: Principal judgment Parties: JD (Plaintiff) Commissioner of Police, NSW Police Force (First Defendant) Children's Court of NSW (Second Defendant) Representation: Counsel: J Styles (sol) (Plaintiff) R Coffey (First Defendant) Submitting Appearance (Second Defendant)