AB v R (Cth) [2016] NSWCCA 191
Although exceptional circumstances were established due to the relative weakness of the prosecution case and the applicant's particular characteristics, the unacceptable risk that the applicant would commit a serious offence or endanger the safety of the community could not be sufficiently alleviated by proposed bail conditions. Accordingly, bail must be refused.
- Jurisdiction
- Australia
- Judgment Date
- 24 August 2016
- Procedural Posture
- Bail Application / Appeal to Court of Criminal Appeal From Refusal of Bail by Supreme Court
- Outcome
- Bail refused
- Legal Topics
- ['bail Application' 'exceptional Circumstances' 'unacceptable Risk' 'juvenile Offenders' 'mental Health and Bail' 'electronic Monitoring' 'terrorism Offences']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Bail Application / Appeal to Court of Criminal Appeal From Refusal of Bail by Supreme Court
Legal Issues
- 1 ['Whether exceptional circumstances exist justifying release on bail under s 15AA(1) of the Crimes Act 1914 (Cth)' 'Whether the applicant poses an unacceptable risk if released on bail under Division 2 of Part 3 of the Bail Act 2013 (NSW)']
Ratio Decidendi
Although exceptional circumstances were established due to the relative weakness of the prosecution case and the applicant's particular characteristics, the unacceptable risk that the applicant would commit a serious offence or endanger the safety of the community could not be sufficiently alleviated by proposed bail conditions. Accordingly, bail must be refused.
Court Disposition
Bail refused
Orders
- ['Bail refused.']
Full Case Text
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