R v YA [2024] NSWSC 1445

Supreme Court New South Wales

Medium Neutral Citation: R v YA [2024] NSWSC 1445 Hearing dates: 4 November 2024 Date of orders: 4 November 2024 Decision date: 04 November 2024 Jurisdiction: Common Law Before: Hamill J Decision: (1) The detention application is refused. (2) Bail to continue in its current form. Catchwords: CRIMINAL LAW – bail – detention application – where court satisfied respondent will be sentenced to full-time imprisonment – section 22B Bail Act – "special or exceptional circumstances" – where offender under 18 at the time of the offences – where kept in juvenile detention centre before bail granted – where offender now an adult – where legislation provides no power or discretion in bail court for offender to be detained in detention centre on remand – possible lacuna in legislation – where sentencing court has power to order offender to be detained in juvenile institution upon sentence – threats from other accused – where sentencing proceedings to occur in the next 6 weeks – prosecution of detention application fairly and properly muted – special or exceptional circumstances established – application refused Legislation Cited: Bail Act 2013 (NSW), ss 17, 18, 19, 22B Children (Detention Centres) Act 1987 (NSW), ss 3, 5, 9, 9A, 28A, 28B, 28BA Children's (Criminal Proceedings) Act 1987 (NSW), s 19 Crimes (Administration of Sentences) Act 1999 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Van Gestel (2022) 109 NSWLR 136; [2022] NSWCCA 171 El-Hilli and Melville v R [2015] NSWCCA 146 R v Diallo & Ors (No 5) [2024] NSWSC 914 R v Diallo & Ors (No 6) [2024] NSWSC 917 Category: Procedural rulings Parties: Rex (Applicant) YA (Respondent) Representation: Counsel: E Balodis (Rex) P Kondich (YA)