R v Voltan [2019] NSWSC 919

R v Voltan [2019] NSWSC 919

A young pregnant woman with no prior criminal history, suffering from a congenital medical condition, has shown cause why her continued detention is not justified, and any unacceptable risk can be addressed by appropriate bail conditions.

Jurisdiction
Australia
Judgment Date
18 July 2019
Procedural Posture
Bail Application / Decision on Bail Application
Outcome
Bail granted
Legal Topics
['bail' 'unacceptable Risk' 'show Cause Requirement']
['criminal Law'] ['bail' 'unacceptable Risk' 'show Cause Requirement']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Bail Application / Decision on Bail Application

Legal Issues

  1. 1 ['Whether the applicant has shown cause why her continued detention is not justified under the Bail Act 2013 (NSW) s 17(2)' 'Whether the applicant poses an unacceptable risk if released on bail and whether conditions can mitigate such risk']

Ratio Decidendi

A young pregnant woman with no prior criminal history, suffering from a congenital medical condition, has shown cause why her continued detention is not justified, and any unacceptable risk can be addressed by appropriate bail conditions.

Court Disposition

Bail granted

Orders

  • ['The applicant is to be of good behaviour.' 'The applicant is to reside with her mother Sharon Voltan at XX William Street, Oakleigh, Victoria.' 'The applicant is to be restricted to one mobile telephone and must provide phone details to the officer in charge within 24 hours of release.' 'The applicant is not to be...