R v Sparos [2023] NSWSC 833

R v Sparos [2023] NSWSC 833

The applicant did not establish any change in circumstances warranting relaxation of the stringent bail conditions. Compliance with conditions did not show reduced bail risk, the adjourned trial did not of itself justify variation, and the alleged non-disclosure concerning a rival alternate shooter did not demonstrate a significant weakening of the Crown case. The existing residence, curfew and electronic monitoring conditions remained reasonably necessary, proportionate and no more onerous than necessary to address continuing bail concerns. The Crown's limited variation was justified only to replace the former officer named in condition 5 with the current informant, Detective Inspector...

Jurisdiction
Australia
Judgment Date
17 July 2023
Procedural Posture
Criminal Bail Variation Application / Application Under S 51 of the Bail Act 2013 (nsw) to Vary Conditional Bail
Outcome
Applicant's application for variation of conditional bail refused; Crown's limited application to vary condition 5 allowed in part.
Legal Topics
['conditional Bail Variation' 'curfew and Residence Conditions' 'electronic Monitoring' 'bail Concerns' 'non Disclosure and Strength of Crown Case']
['criminal Law' 'bail'] ['conditional Bail Variation' 'curfew and Residence Conditions' 'electronic Monitoring' 'bail Concerns' 'non Disclosure and Strength of Crown Case']

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Procedural Posture

Criminal Bail Variation Application / Application Under S 51 of the Bail Act 2013 (nsw) to Vary Conditional Bail

Legal Issues

  1. 1 ["Whether the applicant's conditional bail should be varied by removing electronic monitoring, changing his residence and reporting station, permitting unaccompanied movement, and imposing a curfew from 10pm to 5am." 'Whether delay caused by the vacation of the trial, compliance with bail conditions, and alleged weakening of the Crown case justified variation of the bail conditions.' "Whether the conditions unnecessarily interfered with the applicant's ability to work, parent, and spend time with his father." 'Whether condition 5 should be varied to replace references to Detective Matthews with another officer in charge.']

Ratio Decidendi

The applicant did not establish any change in circumstances warranting relaxation of the stringent bail conditions. Compliance with conditions did not show reduced bail risk, the adjourned trial did not of itself justify variation, and the alleged non-disclosure concerning a rival alternate shooter did not demonstrate a significant weakening of the Crown case. The existing residence, curfew and electronic monitoring conditions remained reasonably necessary, proportionate and no more onerous than necessary to address continuing bail concerns. The Crown's limited variation was justified only to replace the former officer named in condition 5 with the current informant, Detective Inspector...

Court Disposition

Applicant's application for variation of conditional bail refused; Crown's limited application to vary condition 5 allowed in part.

Orders

  • ["Refuse the applicant's application for variation of his conditional bail." "Vary the references in condition 5 of the applicant's current bail conditions from Detective Matthews to Detective Inspector Schleising."]