R v Carlton [2015] NSWSC 2001

Supreme Court New South Wales

Medium Neutral Citation: R v Carlton [2015] NSWSC 2001 Hearing dates: 17 December 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: Detention application refused. Catchwords: BAIL – show cause offence – bail granted after verdict of guilty at trial up to sentence proceedings – detention application – unacceptably long adjournment of sentence proceedings for four months – acquiescence of Crown in grant of bail and length of adjournment Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Category: Principal judgment Parties: Regina (Offender) Andrew Julian Carlton (Respondent) Representation: Counsel: Maria Cinque (Offender) Angela Cook (Offender) File Number(s): 2015/346901 Publication restriction: Non-publication order as to name of the complainant and anything which might identify the complainant (as ordered by Jeffreys DCJ on 2 November 2015)

Judgment 1. On 17 December 2015 I heard a detention application brought by the Crown in relation to Andrew John Carlton. He was charged on 12 November 2014 with one count under s 61J Crimes Act 1900 (NSW) that on 11 November 2014 he had sexual intercourse without consent with a girl of 11 years, being digital vaginal intercourse. He was granted bail on this charge up to the date of his trial in the District Court and throughout the trial, upon strict conditions to ensure that he would have no contact with the victim or her mother and otherwise to minimise the risk of reoffending. A $10,000 security agreement was required and was given. It was a condition of bail that he report to police initially three times per week, reduced to once weekly after about five months of his compliance.