R v Unasa [2017] NSWDC 291

R v Unasa [2017] NSWDC 291

The combination of the vulnerability of the Crown case and the length of time the accused had been, and would remain, in custody satisfied the Court that cause had been shown. However, given the seriousness of the charges, the likelihood of a significant custodial sentence if convicted, concerns for witnesses, the accused's previous non-compliance with orders, and the insufficiency of proposed conditions to overcome those concerns, the Court was satisfied that the accused remained an unacceptable risk of failing to appear and interfering with witnesses or evidence. Bail was therefore refused.

Jurisdiction
Australia
Judgment Date
11 May 2017
Procedural Posture
Criminal Release Application (bail) / Accused Committed to Stand Trial; Application for Grant of Bail Before Trial
Outcome
Release application declined; bail refused.
Legal Topics
['show Cause Offences' 'unacceptable Risk' 'risk of Failing to Appear' 'risk of Interfering With Witnesses or Evidence' 'delay Before Trial' 'strength of Crown Case' 'bail Conditions']
['criminal Law' 'bail'] ['show Cause Offences' 'unacceptable Risk' 'risk of Failing to Appear' 'risk of Interfering With Witnesses or Evidence' 'delay Before Trial' 'strength of Crown Case' 'bail Conditions']

Case Brief

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Procedural Posture

Criminal Release Application (bail) / Accused Committed to Stand Trial; Application for Grant of Bail Before Trial

Legal Issues

  1. 1 ['Whether the accused showed cause why his detention was not justified for show cause offences under the Bail Act 2013 (NSW).' 'Whether the length of time in custody and vulnerability of the Crown case, including issues concerning witness cooperation and credibility, established cause.' 'Whether there were unacceptable risks that the accused would fail to appear or interfere with witnesses or evidence.' 'Whether proposed bail conditions and security could overcome identified bail concerns.']

Ratio Decidendi

The combination of the vulnerability of the Crown case and the length of time the accused had been, and would remain, in custody satisfied the Court that cause had been shown. However, given the seriousness of the charges, the likelihood of a significant custodial sentence if convicted, concerns for witnesses, the accused's previous non-compliance with orders, and the insufficiency of proposed conditions to overcome those concerns, the Court was satisfied that the accused remained an unacceptable risk of failing to appear and interfering with witnesses or evidence. Bail was therefore refused.

Court Disposition

Release application declined; bail refused.

Orders

  • ['The release application is declined.']