District Court
New South Wales
Medium Neutral Citation: R v Hall [2023] NSWDC 399 Hearing dates: 8 September 2023; 15 September 2023 Date of orders: 15 September 2023 Decision date: 15 September 2023 Jurisdiction: Criminal Before: Grant DCJ Decision: The application is refused.
Catchwords: Detention application – consideration of section 22B Bail Act 2013 – realistically inevitable that offender will be sentenced to imprisonment – meaning of “special” or “exceptional” circumstances – onus on respondent to show “special” or “exceptional” circumstances – standard of proof – detention application refused
Legislation Cited: Bail Act 2013
Crimes Act 1900
Cases Cited: DPP v Van Gestel [2022] NSWCCA 171
Haddara v Commonwealth Director of Public Prosecutions [2006] VSC 8
Category: Principal judgment Parties: Applicant: Office of the Director of Public Prosecutions
Respondent: Mr HallRepresentation: Counsel:
Solicitors:
Ms Mendes (Respondent)
Ms Coleman and Ms Dawson (ODPP)
Mr Harrison (Respondent)
File Number(s): 2022/00314997 Publication restriction: Nil
JUDGMENT
INTRODUCTION
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Bradley Hall, the respondent, was committed for sentence from the Local Court to the District Court on two charges, namely:
Sexual assault contrary to s 66C of the Crimes Act. The maximum penalty is 16 years' imprisonment. The standard non-parole period is 7 years’ imprisonment.
Sexual intercourse without consent contrary to s 61I of the Crimes Act. The maximum penalty is 14 years' imprisonment.
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His sentence hearing is to take place on Thursday, 9 November 2023. On Friday, 8 September 2023 through his counsel Ms Mendes, Public Defender, he confirmed his pleas. The Director of Public Prosecutions made a detention application pursuant to s 22B(1)(b) of the Bail Act 2013. That application was adjourned to Friday, 15 September 2023. Section 22B(1)(b) provides:
"During the period following conviction and before sentencing for an offence for which the accused person will be sentenced to imprisonment to be served by full-time detention, a Court –
(a) …
(b) on a detention application made in relation to the accused person - must refuse bail, unless it is established that special or exceptional circumstances exist that justify the decision."
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Subsection (5) informs that a conviction, "also includes a plea of guilty." Section 50 of the Act empowers the prosecutor to bring an application for revocation of bail which is a "detention application". Ms Mendes relies upon the affidavit of Mr Rohan Harrison, her instructing solicitor, affirmed on 7 September 2023. It is the Crown's position that although sympathetic to the personal circumstances of the respondent, Corrections NSW would be able to undertake sufficient measures to ensure the respondent's safety within reason. The Crown submits that special or exceptional circumstances have not been shown and accordingly the application should be granted.
THE AFFIDAVIT
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Mr Harrison first met Mr Hall in a professional capacity in June 2018. He has had carriage of these matters since October 2022. Following his arrest, Mr Hall was…
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- AGLC
- R v Hall [2023] NSWDC 399
- Case
- [2023] NSWDC 399
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to address were the interpretation of "special" or "exceptional" circumstances, the onus of proof on the respondent to demonstrate such circumstances, and the standard of proof required for a detention application under section 22B. The court had to discern the precise meaning of these terms and assess whether the respondent had adequately discharged their burden of proof. Additionally, the court examined the standard of proof necessary to support a detention application, ensuring that the respondent's rights were balanced against the interests of justice.
The court found that the respondent had not met the burden of proof necessary to establish "special" or "exceptional" circumstances. The court interpreted these terms narrowly, requiring factors that are not merely unusual or serious but must be truly exceptional. The respondent's arguments did not sufficiently demonstrate such circumstances, and the evidence presented fell short of the required standard. Consequently, the application for detention was refused, and the respondent was granted bail. The court emphasised the importance of the onus of proof and the high threshold that must be met to justify continued detention in cases where imprisonment is realistically inevitable.
Orders
Orders of the court
The application is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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