R v JB [2023] NSWSC 94

Supreme Court New South Wales

Medium Neutral Citation: R v JB [2023] NSWSC 94 Hearing dates: 17 January 2023; 19 January 2023 Date of orders: 19 January 2023 Decision date: 15 February 2023 Jurisdiction: Common Law Before: Yehia J Decision: Bail is granted subject to the conditions stated in paragraph [23] Catchwords: BAIL — Aboriginal child — Unacceptable risk — Whether the proposed conditions mitigate risk — Whether Youth Justice can supervise a child on bail in the community where the child has pleaded not guilty to the offence — Conditional bail granted Legislation Cited: Bail Act 2013 (NSW) ss 17, 18, 19 Cases Cited: R v Hamilton [2022] NSWSC 127 R v Tsintzas [2017] NSWCCA 172 Category: Principal judgment Parties: JB (Applicant) Rex (Respondent) Representation: Solicitors: Aboriginal Legal Services (NSW/ACT) Office of the Director of Public Prosecutions File Number(s): 2023/00010679

Judgment 1. The applicant, JB, is a 14-year-old Aboriginal child who has been bail refused since 25 November 2022. He is facing several charges, namely, allegations of assault and intimidation said to have occurred on 28 September 2022. Those matters are listed for summary hearing on 10 February 2023. 2. In respect of those matters, he was granted bail in the Supreme Court of New South Wales on 11 November 2022 by Dhanji J. That bail was revoked on 25 November 2022 as a result of fresh allegations. The fresh allegations relate to offences of aggravated break, enter and steal, and being carried in a stolen car. Those allegations are listed for summary hearing on 17 February 2023. He is bail refused in respect of those allegations. 3. As I understand it, the issue in respect of each of the matters that are before the Court is doli incapax. The applicant was previously living with his mother and it is clear that he was somewhat of a handful. The allegations relate to a time when he was living with his mother. 4. The Crown opposes bail, raising legitimate bail concerns that the applicant poses a risk of committing a further serious offence, and a risk of endangering the community.