R v McGee [2022] NSWDC 426

R v McGee [2022] NSWDC 426

Given the grave nature of the offending, the circumstances of the offence, and the offender's criminal history, the court was satisfied that he will be sentenced to imprisonment by full-time detention. No special or exceptional circumstances were relied upon, so the Crown's detention application was granted and the offender was refused bail.

Parties
Prosecutor: Office of the Director of Public Prosecutions (ODPP); Offender: Mr A McGee
Jurisdiction
Australia
Judgment Date
26 September 2022
Procedural Posture
Criminal / Post Guilty Plea, Pre Sentencing Detention Application
Outcome
Detention application granted; bail refused
Legal Topics
Bail, Detention Application, Sexual Assault, Special or Exceptional Circumstances
Criminal Law Bail Detention Application Sexual Assault Special or Exceptional Circumstances

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Office of the Director of Public Prosecutions (ODPP)

Prosecutor

Mr A McGee

Offender

Procedural Posture

Criminal / Post Guilty Plea, Pre Sentencing Detention Application

Legal Issues

  1. 1 Whether bail should be refused following conviction and guilty plea for sexual assault under s 22B of the Bail Act 2013 (NSW)
  2. 2 Whether special or exceptional circumstances exist justifying grant of bail prior to sentence

Ratio Decidendi

Given the grave nature of the offending, the circumstances of the offence, and the offender's criminal history, the court was satisfied that he will be sentenced to imprisonment by full-time detention. No special or exceptional circumstances were relied upon, so the Crown's detention application was granted and the offender was refused bail.

Court Disposition

Detention application granted; bail refused

Orders

  • The offender is to be taken into custody forthwith.