R v Lago [2014] NSWSC 660

R v Lago [2014] NSWSC 660

Although the alleged offending was extremely serious and gave rise to unacceptable risks of committing a serious offence and endangering witnesses and the victim, the Court was not satisfied that those risks could not be sufficiently mitigated by the proposed conduct and enforcement conditions. The applicant was not found to be an unacceptable risk of non-attendance, so security requirements were not imposed.

Jurisdiction
Australia
Judgment Date
22 May 2014
Procedural Posture
Criminal Bail Application / Release Application After Bail Had Been Refused by the Local Court
Outcome
Conditional bail granted
Legal Topics
['unacceptable Risk' 'mitigation of Risk by Bail Conditions' 'onus of Proof' 'home Invasion Allegation' 'firearms Offences']
['criminal Law' 'bail'] ['unacceptable Risk' 'mitigation of Risk by Bail Conditions' 'onus of Proof' 'home Invasion Allegation' 'firearms Offences']

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Procedural Posture

Criminal Bail Application / Release Application After Bail Had Been Refused by the Local Court

Legal Issues

  1. 1 ['Whether there were any unacceptable risks under s 17 of the Bail Act 2013 (NSW).' 'Whether any unacceptable risks could be sufficiently mitigated by the imposition of bail conditions under s 20 of the Bail Act 2013 (NSW).' 'Whether the applicant posed an unacceptable risk of non-attendance such that security requirements could be imposed.']

Ratio Decidendi

Although the alleged offending was extremely serious and gave rise to unacceptable risks of committing a serious offence and endangering witnesses and the victim, the Court was not satisfied that those risks could not be sufficiently mitigated by the proposed conduct and enforcement conditions. The applicant was not found to be an unacceptable risk of non-attendance, so security requirements were not imposed.

Court Disposition

Conditional bail granted

Orders

  • ['Bail granted subject to conditions.' 'Conduct conditions to include where the applicant will live, a curfew, non-association with named individuals, daily reporting to police, no contact with witnesses, and not going within a certain distance of relevant locations.' "Enforcement conditions to allow police to...