R v Christopher GIBBS [2008] NSWSC 415

R v Christopher GIBBS [2008] NSWSC 415

Sections 9(3) and 9(4) of the Bail Act 1978 must be read in the context of s 9 as a provision concerning the presumption in favour of bail for certain offences and consistently with the Act as a whole, including ss 13 and 28 and the Supreme Court's inherent jurisdiction. The words "entitled" and "not entitled" in s 9(3) and s 9(4) concern the availability of the statutory entitlement or presumption under s 9, not the Court's jurisdiction. Accordingly, s 9(4) does not prevent the Court from granting bail.

Jurisdiction
Australia
Judgment Date
30 April 2008
Procedural Posture
Criminal Law Bail / Separate Question on Jurisdiction in an Application for Bail
Outcome
The provisions of sub-section 9(4) of the Bail Act 1978 do not deny jurisdiction to grant bail.
Legal Topics
['bail' 'jurisdiction to Grant Bail' 'construction of S 9 of the Bail Act 1978' 'applicant Serving Sentence for Another Offence']
['criminal Law'] ['bail' 'jurisdiction to Grant Bail' 'construction of S 9 of the Bail Act 1978' 'applicant Serving Sentence for Another Offence']

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Procedural Posture

Criminal Law Bail / Separate Question on Jurisdiction in an Application for Bail

Legal Issues

  1. 1 ['Whether s 9(4) of the Bail Act 1978 precludes the Court from granting bail to a person in custody serving a sentence of imprisonment for another offence.' "Whether s 9(3) and s 9(4) of the Bail Act 1978 affect the Court's jurisdiction to grant bail or only the entitlement or presumption in favour of bail under s 9."]

Ratio Decidendi

Sections 9(3) and 9(4) of the Bail Act 1978 must be read in the context of s 9 as a provision concerning the presumption in favour of bail for certain offences and consistently with the Act as a whole, including ss 13 and 28 and the Supreme Court's inherent jurisdiction. The words "entitled" and "not entitled" in s 9(3) and s 9(4) concern the availability of the statutory entitlement or presumption under s 9, not the Court's jurisdiction. Accordingly, s 9(4) does not prevent the Court from granting bail.

Court Disposition

The provisions of sub-section 9(4) of the Bail Act 1978 do not deny jurisdiction to grant bail.

Orders

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