R v RB [2024] NSWSC 471

Supreme Court New South Wales

Medium Neutral Citation: R v RB [2024] NSWSC 471 Hearing dates: 16 April 2024 Date of orders: 16 April 2024 Decision date: 26 April 2024 Jurisdiction: Common Law Before: Lonergan J Decision: Young person released on conditions. Catchwords: BAIL – Aboriginal youth – multiple offences – whether unacceptable risks can be ameliorated by proposed conditions – a number of services actively engaged with by RB – close to age 18 – application for some of his other offences (part heard) to be dealt with under s 31(3) of the Children (Criminal Proceedings) Act 1987 (NSW) – s 22C commenced 3 April 2024 – applicability to the offending – Bail and Crimes Amendment Act 2024 (NSW) – tension with Children (Criminal Proceedings) Act – unfairly discriminatory against a class of children accused of crimes – police letters – expressed in generalities rather than facts – police letters expressing opinions as to whether a person should be released – Director of Public Prosecutions (NSW) v Tony Mawad [2015] NSWCCA 227 at [33]-[34] and [38]-[39] – s 22C does not apply as all alleged offending before s 22C commenced so no further relevant offence committed whilst on bail Legislation Cited: Age Discrimination Act 2004 (Cth) Bail Act 2013 (NSW) Bail and Crimes Amendment Act 2024 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Cases Cited: Bugmy v Director of Public Prosecutions (NSW) [2024] NSWCA 70 Director of Public Prosecutions (NSW) v Tony Mawad [2015] NSWCCA 227 Gurin v R [2022] NSWCCA 193 Harvey v Minister for Primary Industry and Resources (2024) 98 ALJR 168; [2024] HCA 1 R v A2; Magennis; R v Vaziri (2019) 269 CLR 507; [2019] HCA 35 R v Lago [2014] NSWSC 660 Raad v R [2015] NSWSC 532 State of NSW v Kaiser (2022) 108 NSWLR 476; [2022] NSWCA 86 Category: Principal judgment Parties: RB (Applicant) Rex (Respondent) Representation: Counsel: