R v Farrell [2016] NSWSC 1278

R v Farrell [2016] NSWSC 1278

The vacation of the original trial date and resultant significant delay constituted a change in circumstances justifying the hearing of a further bail application. The applicant demonstrated that, with stringent bail conditions, there is no unacceptable risk and that lengthy pre-trial detention is not justified; therefore, the show cause requirement was satisfied and bail must be granted.

Parties
Applicant: Corey George Farrell; Respondent: Regina
Jurisdiction
Australia
Judgment Date
09 September 2016
Procedural Posture
Bail Application / Further Bail Application After Previous Refusal
Outcome
Bail granted
Legal Topics
Bail, Show Cause Offences, Delay Before Trial
Criminal Law Bail Show Cause Offences Delay Before Trial

Case Brief

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Parties

Corey George Farrell

Applicant

Regina

Respondent

Procedural Posture

Bail Application / Further Bail Application After Previous Refusal

Legal Issues

  1. 1 Whether a further bail application can be heard after previous refusal due to changed circumstances
  2. 2 Proper approach to show cause requirement in bail applications for serious indictable offences involving firearms
  3. 3 Weight of delay in trial as a factor in grant of bail

Ratio Decidendi

The vacation of the original trial date and resultant significant delay constituted a change in circumstances justifying the hearing of a further bail application. The applicant demonstrated that, with stringent bail conditions, there is no unacceptable risk and that lengthy pre-trial detention is not justified; therefore, the show cause requirement was satisfied and bail must be granted.

Court Disposition

Bail granted

Orders

  • Bail granted to Corey George Farrell with strict conditions to address identified bail concerns.