R v CM [2014] NSWSC 815

R v CM [2014] NSWSC 815

While there is an identifiable unacceptable risk that the applicant may commit a serious offence or risk community safety within the meaning of s 17 of the Bail Act, those risks can be sufficiently mitigated by the proposed bail conditions, and thus conditional bail must be granted.

Parties
Applicant: CM; Respondent: Crown
Jurisdiction
Australia
Judgment Date
20 May 2014
Procedural Posture
Bail Application / Release Application
Outcome
Conditional bail granted
Legal Topics
Bail, Juvenile Justice, Unacceptable Risk, Presumption of Innocence, Risk to Community Safety
Criminal Law Bail Juvenile Justice Unacceptable Risk Presumption of Innocence Risk to Community Safety

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Parties

CM

Applicant

Crown

Respondent

Procedural Posture

Bail Application / Release Application

Legal Issues

  1. 1 Whether conditional bail should be granted to a juvenile applicant charged with various offences
  2. 2 Whether there are unacceptable risks under s 17 of the Bail Act 2013 if bail is granted

Ratio Decidendi

While there is an identifiable unacceptable risk that the applicant may commit a serious offence or risk community safety within the meaning of s 17 of the Bail Act, those risks can be sufficiently mitigated by the proposed bail conditions, and thus conditional bail must be granted.

Court Disposition

Conditional bail granted

Orders

  • Conditional bail is granted to the applicant.
  • No security requirement is imposed.