R v Kyari Ellis

[2014] NSWSC 1972

Supreme Court

New South Wales

Medium Neutral Citation:	R v Kyari Ellis [2014] NSWSC 1972
Hearing dates:	4 June 2014
Date of orders:	04 June 2014
Decision date:	04 June 2014
Jurisdiction:	Common Law
Before:	Campbell J
Decision:	Conditional bail granted
Catchwords:	CRIMINAL LAW - bail
Legislation Cited:	Bail Act 2013
Category:	Procedural and other rulings
Parties:	Regina (Crown) Kyari Ellis (Applicant)
File Number(s):	2014/00108839

Judgment

1. HIS HONOUR: But for one thing I would have been of the view that bail should be refused because I would decide in the circumstances of this case that there is an unacceptable risk of this applicant committing a serious offence if released from custody that cannot be sufficiently mitigated by the imposition of bail conditions.

2. It is clear from the nature of the offending and the fact that this offence occurred whilst he was on bail for a previous offence that, notwithstanding the strong support of his mother and pastor, he cannot be trusted to observe the law whilst at liberty. The offence also is a very serious one involving armed robbery with a long bladed knife, which was used to threaten the life of a vulnerable person working in a shop, for the purpose of robbing the till.

3. The one consideration which weighs against that matter is that upon sentence for previous offending in the District Court, Flannery SC DCJ thought it appropriate on the evidence before her to exercise the powers available to her under s 11 Crimes (Sentencing Procedure) Act 1999 for a so-called Griffiths remand. Those powers are exercised but rarely. The evidence which persuaded her Honour that was appropriate has been retendered before me it consists of a psychologist’s report, of which I have received a précis, a letter from The Glen rehabilitation organisation that Mr Ellis has been accepted into their course and a very persuasive character reference from Senior Pastor David Armstrong, who knows the family well and who is prepared to assist if he can. He also, although this is not strictly necessary, vouches for the suitability of this particular program for this particular young man.

4. In those circumstances it seems to me that it is appropriate to exercise the powers conferred upon me under s 12(3) Bail Act 2013 to grant bail for a specified period, which will enable Mr Ellis to undertake the course. The length of the course varies from three to six months, I infer depending upon the success of the applicant in undertaking the various steps, and it may be that if he does well he will be released from the course before he is due back before the District Court on 17 October 2014. To accommodate that possibility I think it also appropriate to require him to live with his mother and to report to police and I will make orders about that.

5. I am not satisfied that the unacceptable risk that the applicant will commit a serious offence if released from custody cannot be sufficiently mitigated by the imposition of the bail conditions I am about to announce. My decision is that the applicant is granted conditional bail under s 12(3) Bail Act 2013 for the specified period from 11 June 2014 to 17 October 2014.

FOR BAIL CONDITIONS SEE COURT FILE

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Decision last updated: 05 December 2016