Bunyan v The King - [2025] NSWSC 1216

Supreme Court

New South Wales

Medium Neutral Citation: Bunyan v R [2025] NSWSC 1216
Hearing dates: 14 October 2025
Date of orders: 14 October 2025
Decision date: 14 October 2025
Jurisdiction: Common Law
Before: Kirk J
Decision:
Bail granted on conditions

Catchwords:
CRIME — bail — release application — section 22B of the Bail Act 2013 (NSW) — bail sought after conviction but before sentence for two sets of offences — whether s 22B applies in circumstances where there is an indication that applicant will seek to withdraw guilty plea — whether being sentenced to imprisonment to be served by full-time detention is forward-looking from time of sentence, and how that relates to non-parole period — whether special or exceptional circumstances exist — significance of applicant being offered a place in a residential drug rehabilitation program to special or exceptional circumstances, show cause and unacceptable risk tests

Legislation Cited:
Bail Act 2013 (NSW), ss 4(1),16A, 16B, 17, 18, 19, 20, 22B, 49.
Crimes (Sentencing Procedure) Act 1999 (NSW), s 11

Cases Cited:
A1 v R; A2 v R [2016] NSWSC 1288
Chau v Director of Public Prosecutions (1995) 37 NSWLR 639
Director of Public Prosecutions (DPP) (NSW) v Campbell [2015] NSW CCA 173
Director of Public Prosecutions (DPP) (NSW) v Day [2022] NSWCCA 173
Director of Public Prosecution (DPP) (NSW) v van Gestal (2022) 109 NSWLR 136; [2022] NSWCCA 171
Edwards v R (No 2) [2022] NSWSC 1344
Nikollaj v R [2025] NSWCCA 31
R v ET [2022] NSWSC 905
R v Isaac [2023] NSWSC 22

Texts Cited:
New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 21 June 2022

Category: Principal judgment
Parties: Todd Bunyan (Applicant)
Crown (Respondent)
Representation:
Counsel:
S Jordan-Mee (solicitor) (Applicant)
R Buttini (solicitor) (Respondent)
Solicitors:
Legal Aid NSW (Applicant)
Director of Public Prosecutions (Respondent)

File Number(s): 2025/328582
Publication restriction: Nil

EX-TEMPORE JUDGMENT (REVISED)

The applicant, Todd Bunyan, is a 44 year old Aboriginal man who has made a release application under s 49 of the Bail Act 2013 (NSW) (the Act). He has been in custody for some six and a half months, since 24 March 2025.
The applicant has been charged with three sets of offences.
In relation to the first, he has been charged with one count of common assault; one count of stalk/intimidate; and one count of being armed with intent to commit an indictable offence. The applicant has entered pleas of guilty to this set and the matter is listed for sentence at Wollongong Local Court on 21 November 2025. The facts alleged are as follows. The applicant and complainant were in a relationship. On 6 June 2024 they were arguing about the whereabouts of a car. The applicant cornered the complainant against a wall. He was holding a pair of pliers in his left hand, and a silver blade in his right hand, and pointed the blade at her throat, yelling, “I’ll cut your fucking throat, where’s the fucking car”. He swung his head around, motioning to the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Bunyan v The King

Details

AGLC: Bunyan v The King [2025] NSWSC 1216
Case: [2025] NSWSC 1216
Decision Date: 14 October 2025

CaseChat Overview and Summary

In the case of Bunyan v The King, the applicant, Mr Bunyan, sought bail after being convicted of two sets of offences, but prior to being sentenced. The primary issue before the court was whether section 22B of the Bail Act 2013 (NSW) applied to the applicant's situation. This section generally prevents bail for an offender after conviction but before sentence if there is an indication that the offender will seek to withdraw their guilty plea. The court had to consider whether the provision applied given Mr Bunyan's intention to potentially withdraw his plea, and if so, whether there were special or exceptional circumstances that warranted a departure from the general rule.

The court determined that section 22B did apply in this case due to Mr Bunyan's indication that he would seek to withdraw his plea. It was noted that being sentenced to imprisonment to be served by full-time detention was forward-looking from the time of sentence, and thus fell within the ambit of the section. The court also considered whether there were special or exceptional circumstances to allow bail. These circumstances were defined as those that would make it just and equitable to grant bail, notwithstanding the general rule. The court took into account that Mr Bunyan had been offered a place in a residential drug rehabilitation program, which it deemed significant in this context. Ultimately, the court found that the applicant had not demonstrated that the special or exceptional circumstances were sufficient to warrant bail under the Act.

The court's reasoning led to the conclusion that Mr Bunyan did not meet the criteria for bail under section 22B of the Bail Act. The court found that the risk of absconding and undermining the administration of justice outweighed the potential benefits of bail. The application for bail was therefore dismissed. No orders were made regarding the applicant's eligibility for the drug rehabilitation program, as the court's decision focused on the bail application.

Orders