R v Carlton [2015] NSWSC 2001

R v Carlton [2015] NSWSC 2001

Detention was refused because, despite the gravity of the offence and likely sentence of full-time custody, there were no unacceptable risks identified in the statutory 'bail concerns'; the offender had complied with bail, there was value in continued bail to support his children, and the Crown's prior acquiescence...

Source-derived case information.

Parties
Offender: Regina; Respondent: Andrew Julian Carlton
Jurisdiction
Australia
Judgment Date
17 December 2015
Procedural Posture
Criminal / Detention Application After Verdict, Pending Sentence
Outcome
Detention application refused. Bail allowed to continue pending sentence hearing.
Legal Topics
Bail, Detention Application, Show Cause Offence, Adjournment of Sentence Proceedings
Criminal Law Bail Detention Application Show Cause Offence Adjournment of Sentence Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Offender

Andrew Julian Carlton

Respondent

Procedural Posture

Criminal / Detention Application After Verdict, Pending Sentence

Legal Issues

  1. 1 Whether detention should be ordered after a guilty verdict for a show cause offence, pending sentence, where bail had been granted and the sentencing adjournment is unusually long

Ratio Decidendi

Detention was refused because, despite the gravity of the offence and likely sentence of full-time custody, there were no unacceptable risks identified in the statutory 'bail concerns'; the offender had complied with bail, there was value in continued bail to support his children, and the Crown's prior acquiescence in both adjournment and bail rendered subsequent detention unfair.

Court Disposition

Detention application refused. Bail allowed to continue pending sentence hearing.

Orders

  • Detention application brought by the Crown is refused.