R v Vincent [2023] NSWSC 8

Supreme Court New South Wales

Medium Neutral Citation: R v Vincent [2023] NSWSC 8 Hearing dates: 16 January 2023 Date of orders: 16 January 2023 Decision date: 19 January 2023 Jurisdiction: Common Law Before: Yehia J Decision: Bail is granted Catchwords: BAIL — Where the applicant is a 33-year-old Aboriginal woman with mental health issues — Where unlikely that a term of full-time imprisonment would be imposed if convicted — Reference to the Bugmy Bar Book Chapter — Impacts of Imprisonment and Remand in Custody Legislation Cited: Bail Act 2013 (NSW) ss 17, 18 and 19 Crimes Act 1900 (NSW) s 114(1)(a) Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13(1) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 9 and 10A Mental Health Act 2007 (NSW) s 22 Cases Cited: DPP v Zaiter [2016] NSWCCA 247 R v Hamilton [2022] NSWSC 127 R v Lago [2014] NSWSC 660 R v Peter Tsallas [2017] NSWSC 64 Raad v R [2015] NSWSC 532 Texts Cited: Australian Government Productivity Commission, Australia's Prison Dilemma (Research Paper, October 2021) Australian Law Reform Commission, Pathways to Justice – An Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples (ALRC Report No 133, December 2017) Bugmy Bar Book, Impacts of Imprisonment and Remand in Custody (Public Defenders, Chapter, 2022) Devon Indig et al, 2009 NSW Inmate Health Survey: Aboriginal Health Report (Justice Health, Report, 2010) NSW Bureau of Crime Statistics and Research, Reoffending Statistics for NSW (Web Page, 15 August 2022) Category: Principal judgment Parties: Victoria Vincent (Applicant) Rex (Respondent) Representation: Solicitors: Aboriginal Legal Services (NSW/ACT) (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2023/00329302