DPP (NSW) v PH [2022] NSWSC 1245

• Juvenile defendant pleaded guilty to child sexual offences and awaiting sentence
• Defendant relied on pending funeral of grandfather as exceptional circumstances under s 22B Bail Act
• Defendant lived with grandparents – evidence suggests day leave would not be available for funeral and alternative of audio-visual link a very poor substitute to personal attendance

[45] I certainly do not need persuasion that the marking of a death of a beloved person is an important aspect of all human cultures, and it really has been since the dawn of time. And I also take judicial notice – quite apart from the material that has been placed before me – that with regard to the cultures of First Nations people of this country, funerals and “sorry business” are exceptionally important.

• Refused detention application on basis full-time imprisonment not inevitable – if necessary would find funeral constituted exceptional circumstances: at [50]