NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: RB v R (No 2) [2024] NSWSC 845 Hearing dates: 9 July 2024 Date of orders: 11 July 2024 Decision date: 11 July 2024 Jurisdiction: Common Law Before: Walton J Decision: The release application is refused. Catchwords: BAIL – juvenile applicant– whether bail concerns give rise to an unacceptable risk– risk of failing to appear – risk of serious offences – strong Crown case – protective factors – Bail Casework 22C plan – long criminal history for similar offences – history of non-compliance with bail – breaches of bail occurred at proposed bail address – observations on s 22C of the Bail Act – relevant offence – motor theft offence – relevant young person – meaning of a high degree of confidence – release application refused Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Police Act 1990 (NSW) Road Rules 2014 (NSW) Road Transport Act 2013 (NSW) Cases Cited: DPP v Mawad [2015] NSWCCA 227 Mulahalilovic v R (Supreme Court (NSW), Rothman J, 1 August 2006, unrep) R v Ftelianos [2017] NSWCCA 211 R v KB (Supreme Court (NSW), McNaughton J, 11 June 2024, unrep) R v RB [2024] NSWSC 471 Texts Cited: Shorter Oxford English Dictionary, 6th ed (2007) Category: Principal judgment Parties: RB (Applicant) Rex (Respondent) Representation: Counsel:
Solicitors: Aboriginal Legal Service (NSW) (Applicant) Office of the Director of Public Prosecution (NSW) (Respondent) File Number(s): 2024/235342
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