R v KO

The appellant, a 14-year-old boy, was before the Supreme Court of New South Wales in relation to an application for bail following his arrest and charge for a further offence. The applicant had previously been granted bail in relation to other charges, which were still pending. The Crown sought to have the bail revoked on the basis that the applicant had committed an offence while on bail. The court was required to determine whether the applicant should be granted bail in relation to the latest charges, and if so, whether any conditions should be imposed.

The court considered whether the applicant had committed a relevant offence while on bail, as defined by section 22C of the Bail Act 2013 (NSW). The Crown argued that the applicant's new offence was a relevant offence and that the applicant posed an unacceptable risk to the community if released on bail. The applicant's legal representative argued that the new offence was not a relevant offence as it was not a substantive offence, but rather an attempt to commit a substantive offence. The court found that the new offence was not a relevant offence and therefore the applicant's bail should not be revoked on this basis.

The court then considered whether the applicant should be granted bail in relation to the new charges. The applicant's legal representative submitted that the applicant should be granted bail, subject to conditions. The Crown opposed the grant of bail, submitting that the applicant should be remanded in custody. The court found that the applicant had made out a prima facie case for bail, and that the conditions proposed by the applicant's legal representative were sufficient to mitigate any risk to the community. The court therefore granted the applicant's bail application, subject to conditions.

The court ordered that the applicant be released on bail, subject to a number of conditions including that the applicant reside at a specified address, report to a police station on a regular basis, and refrain from contacting certain individuals. The applicant was also ordered to surrender any travel documents and to obtain the consent of a justice before leaving the State. The court further ordered that the applicant's bail application in relation to the previous charges remain on foot, and that the applicant appear in court on a specified date for a hearing in relation to those charges.