Kane v Director of Public Prosecutions [2019] NSWCCA 72

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kane v Director of Public Prosecutions [2019] NSWCCA 72 Hearing dates: 29 March 2019 Date of orders: 29 March 2019 Decision date: 05 April 2019 Before: Hoeben CJ at CL at [1] Garling J at [2] Hidden AJ at [38] Decision: Conditional bail granted Catchwords: CRIME — Bail — Appeal bail – Risk of non-appearance – no question of principle Legislation Cited: Bail Act 2013 Crimes Act 1900 Cases Cited: R v Kugor [2015] NSWCCA 14 Viavattene v R [2018] NSWCCA 197 Texts Cited: Not Applicable Category: Principal judgment Parties: Joshua James Kean (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: R Rajalingam (Applicant) Mr B Hatfield (DPP)

Solicitors: Jonathan Jaramilo (Applicant) Crown Solicitor (Respondent) File Number(s): 2019/34459 Publication restriction: Not Applicable Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Criminal Date of Decision: 31 January 2019 Before: Adamson J File Number(s): 2018/331482

EX TEMPORE Judgment 1. HOEBEN CJ at CL: I agree with the reasons given by Garling J. 2. GARLING J: On Friday 29 March 2019, the Court upheld a release application by the applicant Joshua James Kane. The Court granted conditional bail on that day, and indicated that reasons would be given in due course. 3. These are my reasons for joining in that decision. 4. The applicant is 31 years of age. In March 2018, a Court Attendance Notice ("CAN") was issued. It was served upon him on 2 May 2018, and required his attendance at the Tweed Heads Local Court on 25 June 2018. 5. That CAN alleged three offences, each of which is said to have occurred during an evening in December 2015. The first offence was indecent assault on a person under the age of 16 contrary to the provisions of s 61M(2) of the Crimes Act 1900. At the time of the alleged offence, the victim was 6 years old. 6. The second offence alleged was one contrary to s 195(1)(a) of the Crimes Act, namely destroying or damaging property valued at less than $2,000. The applicant was charged with intentionally or recklessly damaging a cupboard door. 7. The third offence alleged was one contrary to s 148 of the Crimes Act of stealing property from a dwelling house. The applicant was charged with stealing a wallet containing cash and various credit and other identification cards. 8. The first and third offences are fixed for hearing on a final basis at the Tweed Heads Local Court on 26 June 2019. The applicant is defending those charges. The applicant has indicated that he intends to plead guilty to the second charge of destroying or damaging property.