Director of Public Prosecutions (NSW) v RS [2022] NSWSC 1134

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v RS [2022] NSWSC 1134 Hearing dates: 23 August 2022 Date of orders: 23 August 2022 Decision date: 23 August 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) The detention application is granted. (2) The respondent's bail is revoked. (3) The respondent is to be taken into custody forthwith. Catchwords: CRIMINAL LAW – Bail – Detention application brought by the Crown following conviction of the respondent for multiple counts of child sexual assault – Where respondent conceded that a sentence of full time custody will be imposed – Whether special or exceptional circumstances made out – Necessity for the respondent to continue his employment – Health issues – Necessity for psychological assessment to be carried out prior to sentence – Circumstances relied upon not special or exceptional – Crown detention application granted Legislation Cited: Bail Act 2013 (NSW Interpretation Act 1987 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v AP [2022] NSWSC 928 Director of Public Prosecutions (NSW) v Duncan [2022] NSWSC 927 Director of Public Prosecutions v Van Gestal [2022] NSWSC 973 Director of Public Prosecutions (NSW) v Van Gestel [2022] NSWCCA 171 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) – Applicant RS – Respondent Representation: Counsel: K Gourlie (Solicitor) – Crown S Lawrence – Respondent