NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v BH [2024] NSWSC 1577 Hearing dates: 9 December 2024 Date of orders: 9 December 2024 Decision date: 09 December 2024 Jurisdiction: Common Law Before: Yehia J Decision: Bail granted. Catchwords: BAIL – Applicant 14 year old Aboriginal child – operation of s 22C of the Bail Act 2013 (NSW) – whether high degree of confidence requires certainty that the applicant will not reoffend – application of s 6 of the Children (Criminal Proceedings) Act 1987 (NSW) to the bail proceedings – consideration of unacceptable risk – prosecution failed to establish that bail should be refused – conditional bail granted Legislation Cited: Bail Act 2013 (NSW), ss 5(1)(b), 16A, 17, 18(1), 19(1), 20A, 22C Bail and Crimes Amendment Act 2024 (NSW) Children (Criminal Proceedings) Act 1987 (NSW), ss 4, 6 Crimes (High Risk Offenders) Act 2006 (NSW), s 5B Cases Cited: R v Hamilton [2022] NSWSC 127 R v Lago (2014) 241 A Crim R 266; [2014] NSWSC 660 R v RB [2024] NSWSC 471 R v TW [2024] NSWSC 1504 Raad v R [2015] NSWSC 532 R v Tsintzas [2017] NSWCCA 172 Texts Cited: Bail and Crimes Amendment Bill 2024 (NSW) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 12 March 2024 New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 19 March 2024 Category: Principal judgment Parties: BH (Applicant) Rex (Respondent) Representation: Counsel:
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