R v BNS [2016] NSWSC 350

R v BNS [2016] NSWSC 350

Although the proposed $1M surety from BNS's mother was material enough to permit the Court to hear the further bail application under s 74, BNS did not show cause why his detention was not justified. The Crown case was very strong, BNS had no substantial ties to Australia beyond his relationship with IW, faced a substantial term of imprisonment for an offence carrying a maximum of life imprisonment, and had a powerful motivation not to appear. The proposed surety conditions did not substantially diminish the unacceptable risk of non-appearance because the Court could not assess with confidence the impact of forfeiture on BNS, his mother, or her family.

Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Bail Release Application / Further Bail Application After Previous Refusal
Outcome
Application dismissed
Legal Topics
['multiple Release Applications' 'show Cause Offence' 'unacceptable Risk of Non Appearance' 'supplying a Commercial Quantity of a Prohibited Drug']
['criminal Law' 'bail'] ['multiple Release Applications' 'show Cause Offence' 'unacceptable Risk of Non Appearance' 'supplying a Commercial Quantity of a Prohibited Drug']

Case Brief

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Procedural Posture

Bail Release Application / Further Bail Application After Previous Refusal

Legal Issues

  1. 1 ['Whether there were grounds under s 74 of the Bail Act 2013 to hear a further release application after a previous refusal of bail.' 'Whether BNS showed cause why his detention was not justified for a show cause offence.' 'Whether there was an unacceptable risk that BNS would fail to appear at proceedings if released on bail.']

Ratio Decidendi

Although the proposed $1M surety from BNS's mother was material enough to permit the Court to hear the further bail application under s 74, BNS did not show cause why his detention was not justified. The Crown case was very strong, BNS had no substantial ties to Australia beyond his relationship with IW, faced a substantial term of imprisonment for an offence carrying a maximum of life imprisonment, and had a powerful motivation not to appear. The proposed surety conditions did not substantially diminish the unacceptable risk of non-appearance because the Court could not assess with confidence the impact of forfeiture on BNS, his mother, or her family.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' 'The names of the applicant, his mother, his fiancé, and witnesses to the relevant events, and any material tending to identify them, be suppressed until the conclusion of the trial of the applicant, or further order of the Court, whichever occurs first.']