R v Paul [2014] NSWSC 1971
Although the applicant posed unacceptable risks, including in light of serious charges, alleged identity theft involving substantial sums of money, and a history of breaches and failures to appear, those risks could be sufficiently mitigated by bail conditions, particularly given his acceptance into a drug and alcohol recovery program, his personal circumstances, and the operation of that program. Bail was therefore granted.
- Jurisdiction
- Australia
- Judgment Date
- 28 May 2014
- Procedural Posture
- Criminal Bail Application / Application for Bail After Pleas Entered and Before Sentence in Sutherland Local Court
- Outcome
- Bail granted
- Legal Topics
- ['application for Bail' 'unacceptable Risk' 'bail Conditions' 'risk Mitigation']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal Bail Application / Application for Bail After Pleas Entered and Before Sentence in Sutherland Local Court
Legal Issues
- 1 ['Whether the applicant posed an unacceptable risk under s 17(3) of the Bail Act 2013 (NSW).' 'Whether any unacceptable risks could be sufficiently mitigated by bail conditions, including participation in a drug and alcohol program.']
Ratio Decidendi
Although the applicant posed unacceptable risks, including in light of serious charges, alleged identity theft involving substantial sums of money, and a history of breaches and failures to appear, those risks could be sufficiently mitigated by bail conditions, particularly given his acceptance into a drug and alcohol recovery program, his personal circumstances, and the operation of that program. Bail was therefore granted.
Court Disposition
Bail granted
Orders
- ['Bail granted']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment