R v Grooms
[2019] NSWSC 359
•02 April 2019
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Grooms [2019] NSWSC 359 Hearing dates: 2 April 2019 Date of orders: 02 April 2019 Decision date: 02 April 2019 Jurisdiction: Common Law Before: Fullerton J Decision: Conditional bail granted.
Catchwords: BAIL – show cause – whether unacceptable risks – bail granted - conditions imposed Legislation Cited: Bail Act 2013 (NSW)
Crimes (High Risk Offenders Act 2006 (NSW)Cases Cited: State of New South Wales v Grooms (Final) [2019] NSWSC 353 Category: Principal judgment Parties: David John Grooms (Applicant)
The Crown (Respondent)Representation: Counsel:
Solicitors:
R Wilson (Applicant)
JS Emmett (Crown)
Legal Aid NSW (Applicant)
Crown Solicitor’s Office (Crown)
File Number(s): 2019/102214 Publication restriction: Nil
Judgment
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HER HONOUR: On 2 April 2019 I made final orders under the Crimes (High Risk Offenders Act 2006 (NSW) for the extended supervision of David John Grooms (State of New South Wales v Grooms (Final) [2019] NSWSC 353).
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After making those orders, I heard and determined a release application under the Bail Act 2013 (NSW), consequent upon Mr Grooms’ arrest on 26 March 2019 at which time he was charged pursuant to s 12 of the Act with a breach of a condition imposed when RA Hulme J made interim supervision orders on 12 December 2018. Bail was refused by police and Mr Grooms was detained in custody.
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The release application was heard pursuant to the power in s 66(1) of the Bail Act. I granted leave for the application to be filed instanter and waived the requirements of Practice Note SC CL 11 – Bail.
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Earlier today when the prospect of a release application was ventilated with the parties to the proceedings brought under the Crimes (High Risk Offenders Act, Mr Emmett, who appeared for the State of New South Wales in those proceedings, indicated it would be likely that he would appear instructed by the New South Wales Police on the release application. At that time he informed me that his instructions would likely be to oppose bail.
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When the release application was ultimately heard, Mr Emmett informed the Court there was no continuing opposition to Mr Grooms being released, inter alia, upon condition that he comply with the conditions of the extended supervision order and, although not expressly made, on condition that he appear at Waverley Local Court on 3 April 2019, the day listed for the return of the Court Attendance Notice in the criminal proceedings.
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Since a breach of s 12 of the Bail Act is a show cause offence under s 16(b)(1)(i) of the Bail Act, obliging an applicant for release to show cause why his continued detention is not justified, and, if cause is shown, obliging the Court to make an assessment to resolve the unacceptable risk test in s 17 of the Act in the applicant's favour, it is necessary to publish brief reasons as to the basis upon which the Court was satisfied both tests were satisfied.
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On the materials tendered before me on the release application, even accepting that the breach of the direction grounding the applicant's arrest and charge was lawful and reasonable (as to which I have some doubt for the reasons given at [61]-[70] of the judgment in the related proceedings), I am well satisfied that the applicant’s continued detention is not justified where any sentence the Local Court might be persuaded to impose upon a proven breach of the supervision order, assessed at the criminal standard, would be highly unlikely to attract a custodial sentence.
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I am equally well satisfied that there is simply no risk that the applicant will not attend Waverley Local Court tomorrow, and on any other dates to which those proceedings may be adjourned, given what I regard as his substantial compliance with interim supervision orders to date and his attendance at the related proceedings under the Crimes (High Risk Offenders) Act 2006 (NSW), with his parents, in circumstances where he was under no obligation to do so. I note both of his parents were in attendance today for the purposes of the final disposition of those proceedings and that they indicated to me their intention to accompany the applicant to Waverley Local Court tomorrow, after first travelling to Metropolitan Remand and Reception Centre to collect him before travelling to their home where he is to reside.
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Finally, and additionally, I am well satisfied that the applicant presents no risk of committing a serious offence, or presenting any risk of committing an offence punishable by imprisonment whilst subject to a grant of bail (or, for that matter, more generally), given what I am satisfied is his genuine commitment to complying with the terms of the supervision order I made today, including, in the short term, an obligation, pursuant to this grant of bail, to reside with his parents and abide by the terms of a curfew, pending any direction by his departmental supervising officer to similar effect.
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Amendments
05 April 2019 - Typographical error corrected in [9]
Decision last updated: 05 April 2019