R v GW [2023] NSWSC 664

Supreme Court New South Wales

Medium Neutral Citation: R v GW [2023] NSWSC 664 Hearing dates: 8 June 2023 Date of orders: 8 June 2023 Decision date: 16 June 2023 Jurisdiction: Common Law Before: Yehia J Decision: Bail is granted Catchwords: BAIL — Aboriginal child — Multiple offences — Whether the unacceptable risks can be ameliorated by the proposed conditions — Where Youth Justice can provide "bail support" but not "bail supervision" because child has pleaded not guilty — Where a number of service providers are prepared to actively engage with the child — Multiple underlying issues that need to be addressed — Where it is necessary to ensure that a suitably qualified individual coordinates the various services — Bail granted Legislation Cited: Bail Act 2013 (NSW), ss 17, 17(2), 18(1), 19(1), 74 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), s 4 Cases Cited: Director of Public Prosecutions (NSW) v Zaiter [2016] NSWCCA 247 R v Hamilton [2022] NSWSC 127 R v JB [2023] NSWSC 94 R v JH [2023] NSWSC 93 R v Lago [2014] NSWSC 660 R v Peter Tsallas [2017] NSWSC 64 R v WB [2023] NSWSC 591 Raad v R [2015] NSWSC 532 Tsintzas v Director of Public Prosecutions (NSW) [2017] NSWCCA 172 Texts Cited: A Safer Northern Territory through Correctional Interventions: Summary Report of the Review of the Northern Territory Department of Correctional Services (31 July 2016) Final Report of the Royal Commission and Board of Inquiry into the Protection and Detention of Children in the Northern Territory (17 November 2017) Vanessa Edwidge and Dr Paul Gray, Significance of Culture to Wellbeing, Healing and Rehabilitation (June 2021) Category: Principal judgment Parties: GW (Applicant) Rex (Respondent) Representation: Solicitors: