Supreme Court New South Wales Medium Neutral Citation: R v Kyari Ellis [2014] NSWSC 1972 Hearing dates: 4 June 2014 Date of orders: 04 June 2014 Decision date: 04 June 2014 Jurisdiction: Common Law Before: Campbell J Decision: Conditional bail granted Catchwords: CRIMINAL LAW - bail Legislation Cited: Bail Act 2013 Category: Procedural and other rulings Parties: Regina (Crown) Kyari Ellis (Applicant) File Number(s): 2014/00108839 Judgment 1. HIS HONOUR: But for one thing I would have been of the view that bail should be refused because I would decide in the circumstances of this case that there is an unacceptable risk of this applicant committing a serious offence if released from custody that cannot be sufficiently mitigated by the imposition of bail conditions. 2. It is clear from the nature of the offending and the fact that this offence occurred whilst he was on bail for a previous offence that, notwithstanding the strong support of his mother and pastor, he cannot be trusted to observe the law whilst at liberty. The offence also is a very serious one involving armed robbery with a long bladed knife, which was used to threaten the life of a vulnerable person working in a shop, for the purpose of robbing the till. 3. The one consideration which weighs against that matter is that upon sentence for previous offending in the District Court, Flannery SC DCJ thought it appropriate on the evidence before her to exercise the powers available to her under s 11 Crimes (Sentencing Procedure) Act 1999 for a so-called Griffiths remand. Those powers are exercised but rarely. The evidence which persuaded her Honour that was appropriate has been retendered before me it consists of a psychologist's report, of which I have received a précis, a letter from The Glen rehabilitation organisation that Mr Ellis has been accepted into their course and a very persuasive character reference from Senior Pastor David Armstrong, who knows the family well and who is prepared to assist if he can. He also, although this is not strictly necessary, vouches for the suitability of this particular program for this particular young man. 4. In those circumstances it seems to me that it is appropriate to exercise the powers conferred upon me under s 12(3) Bail Act 2013 to grant bail for a specified period, which will enable Mr Ellis to undertake the course. The length of the course varies from three to six months, I infer depending upon the success of the applicant in undertaking the various steps, and it may be that if he does well he will be released from the course before he is due back before the District Court on 17 October 2014. To accommodate that possibility I think it also appropriate to require him to live with his mother and to report to police and I will make orders about that. 5. I am not satisfied that the unacceptable risk that the applicant will commit a serious offence if released from custody cannot be sufficiently mitigated by the imposition of the bail conditions I am about to announce. My decision is that the applicant is granted conditional bail under s 12(3) Bail Act 2013 for the specified period from 11 June 2014 to 17 October 2014. FOR BAIL CONDITIONS SEE COURT FILE ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 05 December 2016