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[2025] ACTSC 3
Supreme Court of the ACT
2025-01-29
McCallum CJ
Original judgment source is linked above.
Source: the ACT Courts (www.courts.act.gov.au). Converted to plain text by ZoeLaw. Not the official version.
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: DPP v Swain (a pseudonym) Citation: [2025] ACTSC 3 Hearing Date: 29 January 2025 Decision Date: 29 January 2025 Before: McCallum CJ Decision: Bail is revoked. Catchwords: CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Bail – Breach of bail through the alleged commission of further offences by a young person Parties: Director of Public Prosecutions (Crown) Pedro Swain (a pseudonym) (Young Person) Representation: Counsel G Meikle (DPP) S Lynch (Young Person) Solicitors ACT Director of Public Prosecutions Aboriginal Legal Service (Young Person) File Numbers: SCC 313 of 2024 SCC 314 of 2024 SCC 318 of 2024 SCC 319 of 2024 McCALLUM CJ: EX TEMPORE REASONS (REVISED)
Pedro Swain (a pseudonym as the offender is a young person) was on bail granted by Taylor J pending her Honour sentencing him in the Circle Sentencing List in this Court. He was due to appear before her Honour for a bail check-in on 2 January 2024 but did not appear on that date and a warrant was issued. The young person was arrested on 28 January 2025 and brought before me this morning.
The Crown seeks to have bail revoked today. In support of that application, the Crown has tendered three separate sets of documents relating to charges against the young person. The first and second are those before Taylor J. Unfortunately, however, there is now a third series of charges in New South Wales alleging that, on 28 December 2024, the young person entered a property, stole a car and engaged in a course of what can only be described as extremely dangerous driving involving direct risk to pedestrians.
The accused was located with the assistance of officers from the dog squad whose dogs evidently obtained a track from the allegedly stolen vehicle, resulting in their locating the young person and other young persons. At the point of arrest, they located a large hunting knife as a result of a line search.
Needless to say, the new allegations are extremely troubling. Whilst the Court is always reluctant to refuse or revoke bail in respect of a person of this young person’s age, he being now just 18, I do not think I can be satisfied that the risk of his committing further offences, if granted bail, is adequately mitigated without knowing more about him or having a substantial bail proposal which would see comprehensive supports around him to assist him to remain on a path of constructive progress.
The matter having previously been listed before Taylor J, what I propose to do is to revoke bail today but to list the matter at the earliest opportunity before her Honour, which is at 9.30 am next Monday, 3 February 2025. I note that her Honour is familiar with this offender. Furthermore, her Honour’s conduct of the Court’s Circle Sentencing List leaves her better placed to ensure that appropriate support is provided for any bail proposal for the young person.
Accordingly, bail is revoked and I stand the matter over to 9.30 am on 3 February 2025 before Taylor J.
I certify that the preceding six [6] numbered paragraphs are a true copy of the Reasons for Judgment of her Honour Chief Justice McCallum Associate: Date:
DPP
Swain