R v Davis [2018] NSWSC 1831

R v Davis [2018] NSWSC 1831

The applicant showed cause why his continued detention was not justified because the circumstances and apparent weaknesses in the Crown case, including evidence relevant to self-defence, defence of another, provocation, absence of motive and the applicant's lack of prior record, reduced the strength of the Crown case. Although there were unacceptable risks concerning endangerment or interference with witnesses, those risks could be sufficiently ameliorated by conditions, so conditional bail was granted.

Jurisdiction
Australia
Judgment Date
27 November 2018
Procedural Posture
Bail Application for an Applicant Charged With Murder Contrary to S 18 of the Crimes Act 1900 (nsw) / Ex Tempore Judgment on Bail Application
Outcome
Conditional bail granted.
Legal Topics
['murder' 'show Cause Offence' 'bail Concerns' 'self Defence' 'defence of Another' 'extreme Provocation' 'strength of Crown Case' 'conditional Bail']
['criminal Law' 'bail'] ['murder' 'show Cause Offence' 'bail Concerns' 'self Defence' 'defence of Another' 'extreme Provocation' 'strength of Crown Case' 'conditional Bail']

Case Brief

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Procedural Posture

Bail Application for an Applicant Charged With Murder Contrary to S 18 of the Crimes Act 1900 (nsw) / Ex Tempore Judgment on Bail Application

Legal Issues

  1. 1 ['Whether the applicant, charged with murder, had shown cause under s 16A of the Bail Act 2013 (NSW) why his continued detention was not justified.' 'Whether the Crown case, including issues of self-defence, defence of another, provocation and absence of motive, affected the strength of the case for bail purposes.' 'Whether any bail concerns under s 17 of the Bail Act 2013 (NSW) involved unacceptable risks and, if so, whether those risks could be ameliorated by conditions.' 'Whether a condition prohibiting contact between the applicant and the co-accused should be imposed to prevent collusion.']

Ratio Decidendi

The applicant showed cause why his continued detention was not justified because the circumstances and apparent weaknesses in the Crown case, including evidence relevant to self-defence, defence of another, provocation, absence of motive and the applicant's lack of prior record, reduced the strength of the Crown case. Although there were unacceptable risks concerning endangerment or interference with witnesses, those risks could be sufficiently ameliorated by conditions, so conditional bail was granted.

Court Disposition

Conditional bail granted.

Orders

  • ['Bail granted to Blake Davis on the charge of murder said to have been committed on 10 August 2018, subject to conditions.' 'For bail conditions see Court file.']