R v CM [2014] NSWSC 1168

R v CM [2014] NSWSC 1168

Although bail applications listed for hearing should generally proceed and not be adjourned merely to await other proceedings or improve preparation, the applicant's youth, Aboriginality, time in custody, and the imminent resolution of some pending matters justified a short exceptional adjournment until 8 September 2014, with bail refused in the meantime.

Jurisdiction
Australia
Judgment Date
19 August 2014
Procedural Posture
Criminal Bail Application / Application for Adjournment of Bail Hearing
Outcome
The bail hearing was adjourned until 8 September 2014, the matter was not part-heard before Button J, and the applicant was bail refused in the meantime.
Legal Topics
['bail' 'adjournment' 'juvenile Applicant' 'aboriginal Applicant']
['criminal Law'] ['bail' 'adjournment' 'juvenile Applicant' 'aboriginal Applicant']

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Procedural Posture

Criminal Bail Application / Application for Adjournment of Bail Hearing

Legal Issues

  1. 1 ["Whether the hearing of the applicant's bail application should be adjourned pending resolution of some other matters and further preparation." 'Whether any adjournment should be to a date shortly after 26 August 2014 or after 30 September 2014.']

Ratio Decidendi

Although bail applications listed for hearing should generally proceed and not be adjourned merely to await other proceedings or improve preparation, the applicant's youth, Aboriginality, time in custody, and the imminent resolution of some pending matters justified a short exceptional adjournment until 8 September 2014, with bail refused in the meantime.

Court Disposition

The bail hearing was adjourned until 8 September 2014, the matter was not part-heard before Button J, and the applicant was bail refused in the meantime.

Orders

  • ["The hearing of the applicant's bail application is adjourned until 8 September 2014." 'The matter is not part-heard before me.' 'The applicant is bail refused in the meantime.']