Singh v R [2015] NSWCCA 257

Singh v R [2015] NSWCCA 257

The withdrawal of the original aggravated robbery charge and its replacement with summary charges carrying much lower maximum penalties was a substantial change in circumstances. Together with the applicant's age, absence of prior convictions, first period in custody, close family support, and the likely period in custody before finalisation, it established cause under s. 16A. Although release raised bail concerns, principally for the safety of the victim and Crown witnesses, those concerns could be appropriately addressed by conditions including residence with parents, curfew, monitoring, non-contact conditions, passport surrender, and surety.

Jurisdiction
Australia
Judgment Date
08 June 2016
Procedural Posture
Criminal Law Bail Release Application Under S. 49 of the Bail Act 2013 (nsw). / Second Application for Release; Heard De Novo in the Court of Criminal Appeal After a Previous Application Was Refused by Wilson J on 5 August 2015.
Outcome
Application for release granted; applicant released on bail with conditions.
Legal Topics
['release Application' 'show Cause Requirement' 'unacceptable Risk Test' 'bail Concerns' 'bail Conditions' 'change in Charges']
['criminal Law' 'bail'] ['release Application' 'show Cause Requirement' 'unacceptable Risk Test' 'bail Concerns' 'bail Conditions' 'change in Charges']

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Procedural Posture

Criminal Law Bail Release Application Under S. 49 of the Bail Act 2013 (nsw). / Second Application for Release; Heard De Novo in the Court of Criminal Appeal After a Previous Application Was Refused by Wilson J on 5 August 2015.

Legal Issues

  1. 1 ['Whether the applicant had shown cause under s. 16A of the Bail Act 2013 (NSW) why his detention was not justified.' 'Whether the withdrawal of the aggravated robbery charge and substitution of less serious charges constituted a material change strengthening the release application.' 'Whether any bail concerns, particularly concern for the safety of the victim and other Crown witnesses, could be addressed by conditions rather than refusal of bail.']

Ratio Decidendi

The withdrawal of the original aggravated robbery charge and its replacement with summary charges carrying much lower maximum penalties was a substantial change in circumstances. Together with the applicant's age, absence of prior convictions, first period in custody, close family support, and the likely period in custody before finalisation, it established cause under s. 16A. Although release raised bail concerns, principally for the safety of the victim and Crown witnesses, those concerns could be appropriately addressed by conditions including residence with parents, curfew, monitoring, non-contact conditions, passport surrender, and surety.

Court Disposition

Application for release granted; applicant released on bail with conditions.

Orders

  • ['The application for release is granted.' 'The applicant is to be released on the conditions set out in [2] above.' 'He appear at the Liverpool Local Court on 21 October 2015 and thereafter as may be required.' 'He reside at 7 Phillip Street, Liverpool.' 'He not be absent from 7 Phillip Street, Liverpool between...