McAndrew v Regina [2016] NSWCCA 58

McAndrew v Regina [2016] NSWCCA 58

Armed robbery was a show cause offence under s 16B(1)(i) of the Bail Act 2013, and the applicant did not identify any factor or combination of factors sufficient to show cause why his continued detention was not justified; accordingly the release application had to be refused without reaching the unacceptable risk assessment.

Jurisdiction
Australia
Judgment Date
18 April 2016
Procedural Posture
Bail Release Application / Application Under S 49 of the Bail Act 2013 in the Court of Criminal Appeal
Outcome
Release application refused
Legal Topics
['release Application' 'show Cause Offence' 'armed Robbery' 'unacceptable Risk Test']
['criminal Law' 'bail'] ['release Application' 'show Cause Offence' 'armed Robbery' 'unacceptable Risk Test']

Case Brief

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Procedural Posture

Bail Release Application / Application Under S 49 of the Bail Act 2013 in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the applicant had shown cause why his detention was not justified for a show cause offence under the Bail Act 2013.' "Whether it was necessary to consider the Crown's nominated bail concerns and unacceptable risk after the show cause issue."]

Ratio Decidendi

Armed robbery was a show cause offence under s 16B(1)(i) of the Bail Act 2013, and the applicant did not identify any factor or combination of factors sufficient to show cause why his continued detention was not justified; accordingly the release application had to be refused without reaching the unacceptable risk assessment.

Court Disposition

Release application refused

Orders

  • ['Release application refused']