R v Amane Iskandar [2001] NSWSC 7

R v Amane Iskandar [2001] NSWSC 7

Although s8A applied and created a presumption against bail, the presumption was displaced because the applicant had very strong family and community ties, no criminal record, no previous failure to appear, substantial parental security, a specific need to care for her two year old child, no identified risk of harm to any person, and any risk to the community could be addressed by very strict bail conditions.

Jurisdiction
Australia
Judgment Date
22 January 2001
Procedural Posture
Criminal Law Bail Application / Supreme Court Bail Determination
Outcome
Bail granted.
Legal Topics
['bail' 'presumption Against Bail' 'serious Drug Offences' 'bail Act 1978 (nsw) S8 A' 'bail Act 1978 (nsw) S32']
['criminal Law'] ['bail' 'presumption Against Bail' 'serious Drug Offences' 'bail Act 1978 (nsw) S8 A' 'bail Act 1978 (nsw) S32']

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Procedural Posture

Criminal Law Bail Application / Supreme Court Bail Determination

Legal Issues

  1. 1 ['Whether bail should be granted to an applicant charged with conspiracy to supply heroin and cocaine where s8A of the Bail Act, 1978 creates a presumption against bail.' 'What principles apply to a bail application under s8A of the Bail Act, 1978.' 'Whether the applicant displaced the presumption against bail by reference to the s32 considerations.']

Ratio Decidendi

Although s8A applied and created a presumption against bail, the presumption was displaced because the applicant had very strong family and community ties, no criminal record, no previous failure to appear, substantial parental security, a specific need to care for her two year old child, no identified risk of harm to any person, and any risk to the community could be addressed by very strict bail conditions.

Court Disposition

Bail granted.

Orders

  • ['Bail granted subject to the conditions in the short minutes of order placed with the papers.' 'In relation to all outstanding matters and offences, bail granted subject to the conditions in the short minutes of order placed with the papers.']