R v J Lucas; R v B Lucas (Bail) (No 11) [2022] NSWSC 1817
Joshua Lucas did not establish exceptional circumstances for bail; the Crown case against him was strong, and a risk assessment indicated the likelihood of commission of a serious offence if bailed. Benjamin Lucas did establish exceptional circumstances due to the weakness of the Crown case, good character, prolonged detention, and bail conditions could mitigate risks.
- Jurisdiction
- Australia
- Judgment Date
- 04 July 2022
- Procedural Posture
- Criminal / Bail Application Following Jury Trial With No Verdict on Most Serious Counts
- Outcome
- Joshua Lucas is refused bail; Benjamin Lucas is granted bail
- Legal Topics
- ['bail' 'terrorism Offences' 'exceptional Circumstances' 'unacceptable Risk']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Bail Application Following Jury Trial With No Verdict on Most Serious Counts
Legal Issues
- 1 ['Whether exceptional circumstances exist to warrant bail for Joshua Lucas and Benjamin Lucas' 'Assessment of unacceptable risk under the Bail Act 2013 (NSW)']
Ratio Decidendi
Joshua Lucas did not establish exceptional circumstances for bail; the Crown case against him was strong, and a risk assessment indicated the likelihood of commission of a serious offence if bailed. Benjamin Lucas did establish exceptional circumstances due to the weakness of the Crown case, good character, prolonged detention, and bail conditions could mitigate risks.
Court Disposition
Joshua Lucas is refused bail; Benjamin Lucas is granted bail
Orders
- ['Joshua Lucas is refused bail' 'Benjamin Lucas is granted bail on conditions of utmost rigour']
Full Case Text
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