R v Newey [2014] NSWSC 1608

R v Newey [2014] NSWSC 1608

Given the not overly strong circumstantial Crown case, the absence of prior serious violent offending, the applicant's age, frail health, and the existence of substantial community ties, strict bail conditions are sufficient to mitigate the otherwise unacceptable risk of failing to appear. Consequently, bail must be granted in accordance with the Bail Act 2013 (NSW).

Parties
Applicant: Colin Michael Newey; Respondent: Regina
Jurisdiction
Australia
Judgment Date
13 November 2014
Procedural Posture
Criminal Bail Application / Interlocutory Application
Outcome
Conditional bail granted
Legal Topics
Application for Bail, Murder, Circumstantial Evidence, Conditional Bail, Risk Mitigation, Health Considerations, Criminal History
Criminal Law Application for Bail Murder Circumstantial Evidence Conditional Bail Risk Mitigation Health Considerations Criminal History

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Parties

Colin Michael Newey

Applicant

Regina

Respondent

Procedural Posture

Criminal Bail Application / Interlocutory Application

Legal Issues

  1. 1 Whether conditional bail should be granted to an applicant charged with murder and related offences, alleged to have occurred over 40 years ago
  2. 2 Whether the risk of failure to appear can be sufficiently mitigated by strict bail conditions

Ratio Decidendi

Given the not overly strong circumstantial Crown case, the absence of prior serious violent offending, the applicant's age, frail health, and the existence of substantial community ties, strict bail conditions are sufficient to mitigate the otherwise unacceptable risk of failing to appear. Consequently, bail must be granted in accordance with the Bail Act 2013 (NSW).

Court Disposition

Conditional bail granted

Orders

  • The applicant is granted conditional bail until his next court appearance on 15 December 2014 at Albury Local Court.
  • Bail conditions to be found in court file.