Director of Public Prosecutions (NSW) v PH [2022] NSWSC 1245

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v PH [2022] NSWSC 1245 Hearing dates: 14 September 2022 Decision date: 14 September 2022 Jurisdiction: Common Law Before: Button J Decision: Crown detention application refused One condition varied Catchwords: CRIME – bail – detention application – application made following pleas of guilty and before sentencing – consideration of application of s 22B of the Bail Act 2013 (NSW) to juvenile offender being dealt with at law – high threshold as to whether the offender will inevitably be sentenced to full-time imprisonment – where the objective seriousness of the offending is extremely grave – where there are strong subjective factors in mitigation – where youth and achievement of rehabilitation would be prominent features in sentencing – s 22B threshold not satisfied – where offender would also satisfy special circumstances threshold due to family circumstances – where no unacceptable risks if variation made – bail continued Legislation Cited: Bail Act 2013 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Day [2022] NSWCCA 173 Director of Public Prosecutions (NSW) v Duncan [2022] NSWSC 927 Director of Public Prosecutions (NSW) v Van Gestel [2022] NSWCCA 171 Category: Principal judgment Parties: Rex (Applicant) PH (Respondent) Representation: Counsel: E Blizard (Applicant) K Prince (Respondent)

Solicitors: Solicitor for Public Prosecutions (Applicant) Aboriginal Legal Service (Respondent) File Number(s): 2022/00272125 Publication restriction: Nil