R v Abdallah (No 4) [2015] NSWSC 2157

R v Abdallah (No 4) [2015] NSWSC 2157

The prosecutor gave reasonable notice of the detention application in the circumstances. Although the Court was not persuaded that there was a concern the offender would commit a serious offence if at liberty, there was a bail concern that she might fail to appear at the resumed sentence hearing. Having considered the relevant s 18 matters, the Court was not satisfied that the unacceptable risk of failure to appear could be made acceptable by bail conditions, so bail was revoked.

Jurisdiction
Australia
Judgment Date
24 April 2015
Procedural Posture
Criminal Law Detention Application Post Conviction / Application Pursuant to S 50(1) of the Bail Act 2013 (nsw) for Revocation of Bail Before Sentence Hearing
Outcome
Bail revoked
Legal Topics
['detention Application Post Conviction' 'revocation of Bail' 'bail Concerns' 'risk of Non Appearance at Sentence Hearing' 'reasonable Notice of Detention Application']
['criminal Law' 'bail'] ['detention Application Post Conviction' 'revocation of Bail' 'bail Concerns' 'risk of Non Appearance at Sentence Hearing' 'reasonable Notice of Detention Application']

Case Brief

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Procedural Posture

Criminal Law Detention Application Post Conviction / Application Pursuant to S 50(1) of the Bail Act 2013 (nsw) for Revocation of Bail Before Sentence Hearing

Legal Issues

  1. 1 ['Whether the offender had been given reasonable notice of the detention application as required by s 50(5) of the Bail Act 2013 (NSW).' 'Whether bail concerns existed under s 17 of the Bail Act 2013 (NSW), including risk of failure to appear and risk of committing a serious offence.' 'Whether any unacceptable risk of failure to appear could be made acceptable by the imposition of bail conditions.']

Ratio Decidendi

The prosecutor gave reasonable notice of the detention application in the circumstances. Although the Court was not persuaded that there was a concern the offender would commit a serious offence if at liberty, there was a bail concern that she might fail to appear at the resumed sentence hearing. Having considered the relevant s 18 matters, the Court was not satisfied that the unacceptable risk of failure to appear could be made acceptable by bail conditions, so bail was revoked.

Court Disposition

Bail revoked

Orders

  • ['Bail revoked' "The Crown's detention application was granted"]