R v AC (No 4) [2016] NSWSC 354

R v AC (No 4) [2016] NSWSC 354

Bail was refused because, despite Witness M's compliance with bail, she had pleaded guilty to serious offences including being an accessory before the fact to murder, a lengthy period of incarceration would inevitably follow, and her motivation to flee had reached a point where bail could no longer be justified; the identified custody safety concern fell away after assurance that she would be taken directly to the redacted place of incarceration.

Jurisdiction
Australia
Judgment Date
29 March 2016
Procedural Posture
Criminal Application for Bail / After Guilty Plea and Before Sentence
Outcome
Bail refused.
Legal Topics
['bail Refusal' 'risk of Flight' 'accessory Before the Fact to Murder' 'suppression of Place of Incarceration for Safety']
['criminal Law' 'bail' 'suppression Orders'] ['bail Refusal' 'risk of Flight' 'accessory Before the Fact to Murder' 'suppression of Place of Incarceration for Safety']

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Procedural Posture

Criminal Application for Bail / After Guilty Plea and Before Sentence

Legal Issues

  1. 1 ["Whether Witness M's bail should be refused before sentence because a lengthy period of incarceration would follow and her motivation to flee had increased." "Whether safety concerns about Witness M's incarceration justified continuing bail or required suppression of the place of incarceration."]

Ratio Decidendi

Bail was refused because, despite Witness M's compliance with bail, she had pleaded guilty to serious offences including being an accessory before the fact to murder, a lengthy period of incarceration would inevitably follow, and her motivation to flee had reached a point where bail could no longer be justified; the identified custody safety concern fell away after assurance that she would be taken directly to the redacted place of incarceration.

Court Disposition

Bail refused.

Orders

  • ['Witness M should go into custody today.' 'The matter is adjourned until Friday 1 April.' 'For the safety of the witness pursuant to section 8(1)(b) of the Court Suppression Act 2010 (NSW), the place where the offender is to be incarcerated is suppressed.']