R v Castagna (No 13) [2018] NSWSC 2045

R v Castagna (No 13) [2018] NSWSC 2045

Because Dr Castagna had been convicted by a jury of three counts, a custodial sentence was highly likely if not inevitable, and the identified risks of failure to appear at sentencing and commission of a serious offence if at liberty could not be sufficiently ameliorated by the proposed bail conditions, the grant of bail was revoked.

Jurisdiction
Australia
Judgment Date
18 April 2018
Procedural Posture
Detention Application Under S 50 of the Bail Act 2013 (nsw) / Following Jury Verdicts of Guilty on Three Counts and Before Sentence Hearing
Outcome
Bail revoked
Legal Topics
['detention Application' 'revocation of Bail' 'bail Concerns' 'failure to Appear' 'risk of Committing Serious Offence' 'likelihood of Custodial Sentence']
['criminal Law' 'bail'] ['detention Application' 'revocation of Bail' 'bail Concerns' 'failure to Appear' 'risk of Committing Serious Offence' 'likelihood of Custodial Sentence']

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Procedural Posture

Detention Application Under S 50 of the Bail Act 2013 (nsw) / Following Jury Verdicts of Guilty on Three Counts and Before Sentence Hearing

Legal Issues

  1. 1 ['Whether, after the jury returned verdicts of guilty, bail concerns existed that the offender would fail to appear at the sentence hearing or commit a serious offence if at liberty.' 'Whether any proposed bail conditions could sufficiently ameliorate the identified bail concerns.']

Ratio Decidendi

Because Dr Castagna had been convicted by a jury of three counts, a custodial sentence was highly likely if not inevitable, and the identified risks of failure to appear at sentencing and commission of a serious offence if at liberty could not be sufficiently ameliorated by the proposed bail conditions, the grant of bail was revoked.

Court Disposition

Bail revoked

Orders

  • ['Revoke the grant of bail.']