R v McMaster [2017] NSWSC 1063

R v McMaster [2017] NSWSC 1063

The applicant presented an unacceptable risk because the Crown case was strong, the alleged conduct involved a shortened firearm and intimidation of a former partner, and the firearm had not been recovered, creating a reasonable concern that he could have unrestrained access to it if released; those risks could not be adequately addressed by proposed bail conditions.

Jurisdiction
Australia
Judgment Date
16 August 2017
Procedural Posture
Bail Application / Application for Bail in Supreme Court; Charges Listed for Mention in Penrith Local Court and Scheduled to Be Heard as Indictable Matters in the District Court
Outcome
Bail refused
Legal Topics
['possess Unauthorised Firearm' 'intimidation' 'handle Firearm While Intoxicated' 'possess Shortened Firearm' 'unacceptable Risk' 'bail Conditions']
['criminal Law' 'bail'] ['possess Unauthorised Firearm' 'intimidation' 'handle Firearm While Intoxicated' 'possess Shortened Firearm' 'unacceptable Risk' 'bail Conditions']

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Procedural Posture

Bail Application / Application for Bail in Supreme Court; Charges Listed for Mention in Penrith Local Court and Scheduled to Be Heard as Indictable Matters in the District Court

Legal Issues

  1. 1 ['Whether bail should be granted to the applicant on charges involving alleged possession and handling of a shortened firearm and intimidation.' 'Whether any risk of committing a further serious offence or endangering a member of the community could be adequately addressed by bail conditions, given the firearm had not been located.']

Ratio Decidendi

The applicant presented an unacceptable risk because the Crown case was strong, the alleged conduct involved a shortened firearm and intimidation of a former partner, and the firearm had not been recovered, creating a reasonable concern that he could have unrestrained access to it if released; those risks could not be adequately addressed by proposed bail conditions.

Court Disposition

Bail refused

Orders

  • ['Bail refused']