R v Goodwin [2015] NSWSC 2107

R v Goodwin [2015] NSWSC 2107

Although the applicant met the show cause requirement because he was young and in custody for the first time, the alleged conduct involving petrol and an attempted ignition, considered with his limited but indicative criminal history, meant that available bail conditions could not sufficiently mitigate the concerns that he may commit a serious offence and/or endanger victims or the community; on balance bail was refused.

Jurisdiction
Australia
Judgment Date
11 March 2015
Procedural Posture
Bail Application / Application for Bail After Arrest and Before Mention in the Central Local Court
Outcome
Bail refused
Legal Topics
['show Cause Requirement' 'bail Concerns' 'throwing Explosive With Intent to Maim' 'risk of Committing a Serious Offence' 'risk to Safety of Victims or the Community']
['criminal Law' 'bail'] ['show Cause Requirement' 'bail Concerns' 'throwing Explosive With Intent to Maim' 'risk of Committing a Serious Offence' 'risk to Safety of Victims or the Community']

Case Brief

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Procedural Posture

Bail Application / Application for Bail After Arrest and Before Mention in the Central Local Court

Legal Issues

  1. 1 ['Whether the applicant had shown cause why his continued custody was not justified.' "Whether bail conditions could sufficiently mitigate the Crown's identified bail concerns that the applicant may commit a serious offence and/or endanger the safety of victims or the community."]

Ratio Decidendi

Although the applicant met the show cause requirement because he was young and in custody for the first time, the alleged conduct involving petrol and an attempted ignition, considered with his limited but indicative criminal history, meant that available bail conditions could not sufficiently mitigate the concerns that he may commit a serious offence and/or endanger victims or the community; on balance bail was refused.

Court Disposition

Bail refused

Orders

  • ['Bail refused']