R v Maguire (No. 2) [2022] NSWDC 88

R v Maguire (No. 2) [2022] NSWDC 88

The offender failed to discharge the burden to show cause why detention is not justified for show cause offences under the Bail Act 2013. Psychological difficulties and compliance with bail did not demonstrate sufficient grounds. Bail must be refused; detention is warranted.

Jurisdiction
Australia
Judgment Date
24 February 2022
Procedural Posture
Criminal / Post Conviction; Bail Determination
Outcome
Bail revoked; offender detained; Crown's detention application granted.
Legal Topics
['bail' 'child Sexual Offences' 'detention Application' 'show Cause Offences']
['criminal Law'] ['bail' 'child Sexual Offences' 'detention Application' 'show Cause Offences']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Post Conviction; Bail Determination

Legal Issues

  1. 1 ['Whether the offender has shown cause why detention is not justified under the Bail Act 2013' 'Whether bail should be revoked for the offender convicted of multiple child sexual offences']

Ratio Decidendi

The offender failed to discharge the burden to show cause why detention is not justified for show cause offences under the Bail Act 2013. Psychological difficulties and compliance with bail did not demonstrate sufficient grounds. Bail must be refused; detention is warranted.

Court Disposition

Bail revoked; offender detained; Crown's detention application granted.

Orders

  • ["The Crown's application for detention is granted" 'Bail is revoked and the offender shall go into custody forthwith']