R v Melmeth [2015] NSWSC 1762

R v Melmeth [2015] NSWSC 1762

The applicant showed cause because the evidence established inadequate management in custody of her potentially life-threatening diabetes, together with significant delay before trial, personal circumstances, limited offending history, first time in custody and the circumstances of the alleged drug-affected offending. Although bail concerns existed, the Court was satisfied that the risks of flight and further serious offending were not unacceptable in light of the applicant's circumstances and the stringent bail conditions imposed.

Jurisdiction
Australia
Judgment Date
24 November 2015
Procedural Posture
Common Law Criminal Bail Application / Application for Release on Bail After Bail Refused, With Charges Pending Before Newcastle Local Court and Anticipated District Court Trial
Outcome
Bail granted with conditions; Crown application for a further adjournment refused.
Legal Topics
['show Cause Obligation' 'bail Concerns' 'unacceptable Risk' 'type 1 Diabetes Management in Custody' 'strict Bail Conditions']
['criminal Law' 'bail'] ['show Cause Obligation' 'bail Concerns' 'unacceptable Risk' 'type 1 Diabetes Management in Custody' 'strict Bail Conditions']

Case Brief

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Procedural Posture

Common Law Criminal Bail Application / Application for Release on Bail After Bail Refused, With Charges Pending Before Newcastle Local Court and Anticipated District Court Trial

Legal Issues

  1. 1 ['Whether the applicant satisfied the show cause obligation under the Bail Act 2013 (NSW).' 'Whether the applicant posed bail concerns as to failing to appear and committing a serious offence.' 'Whether any risks posed by the applicant were unacceptable or could be addressed by stringent bail conditions.' "Whether the applicant's illness, custody conditions, personal circumstances and anticipated delay justified release on bail."]

Ratio Decidendi

The applicant showed cause because the evidence established inadequate management in custody of her potentially life-threatening diabetes, together with significant delay before trial, personal circumstances, limited offending history, first time in custody and the circumstances of the alleged drug-affected offending. Although bail concerns existed, the Court was satisfied that the risks of flight and further serious offending were not unacceptable in light of the applicant's circumstances and the stringent bail conditions imposed.

Court Disposition

Bail granted with conditions; Crown application for a further adjournment refused.

Orders

  • ['To be of good behaviour.' 'To live at X XXXX XXXXXXX, XXXXXXXX.' 'To report daily to Newcastle Police Station between the hours of 8am and 6pm.' 'To appear at Newcastle Local Court on 2 December 2015 and thereafter as required.' 'Not to drink alcohol or enter any premises in which alcohol is sold except in the...