R v Walton [2021] NSWDC 182

R v Walton [2021] NSWDC 182

The combination of factors including the not strong Crown case, lengthy delay in proceedings, personal circumstances of the applicant and his family, and difficulties in preparing a defence in custody satisfied the Court that cause had been shown why detention was not justified. Proposed bail conditions sufficiently addressed any unacceptable risk under the Bail Act 2013, meriting a grant of bail.

Jurisdiction
Australia
Judgment Date
27 April 2021
Procedural Posture
Bail Application / First Instance
Outcome
Bail granted with conditions
Legal Topics
['bail' 'show Cause' 'unacceptable Risk' 'delay' 'strength of Evidence' 'preparation of Defence']
['criminal Law'] ['bail' 'show Cause' 'unacceptable Risk' 'delay' 'strength of Evidence' 'preparation of Defence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Bail Application / First Instance

Legal Issues

  1. 1 ['Whether the applicant has shown cause why detention is not justified in a show cause offence' 'Whether there is an unacceptable risk if bail is granted']

Ratio Decidendi

The combination of factors including the not strong Crown case, lengthy delay in proceedings, personal circumstances of the applicant and his family, and difficulties in preparing a defence in custody satisfied the Court that cause had been shown why detention was not justified. Proposed bail conditions sufficiently addressed any unacceptable risk under the Bail Act 2013, meriting a grant of bail.

Court Disposition

Bail granted with conditions

Orders

  • ['Bail is granted on conditions as outlined in paragraph [17], including conditions to be of good behaviour; to reside at 19 MacArthur Street, Griffith, with Linda Hardwick; report to police daily; not to consume alcohol or non-prescribed drugs; not to contact prosecution witnesses; a surety of $10,000; and a...