R v Azar [2021] NSWSC 146

R v Azar [2021] NSWSC 146

The applicant showed cause because the alleged breach was objectively at the low end, he would likely spend longer in custody awaiting hearing than any sentence for the offence, and he would remain supervised under the ISO and the ESO to be imposed. The risks of further serious offending and danger to Community Corrections staff, the ESO team and relatives were linked to his mental health, personality and behavioural issues, but were manageable through ESO supervision and did not amount to an unacceptable risk.

Jurisdiction
Australia
Judgment Date
03 March 2021
Procedural Posture
Bail Release Application / Application for Bail Following Hearing for an Extended Supervision Order; Applicant Held Bail Refused on a Charge of Failing to Comply With a Condition of an Interim Supervision Order
Outcome
Bail granted on condition that the applicant complies with the conditions of the Interim Supervision Order imposed by Hoeben CJ at CL on 16 December 2020 and subsequently with the conditions of the Extended Supervision Order which will be imposed.
Legal Topics
['show Cause Offence' 'interim Supervision Order' 'extended Supervision Order' 'bail Concerns' 'risk of Further Serious Offending']
['criminal Law' 'bail'] ['show Cause Offence' 'interim Supervision Order' 'extended Supervision Order' 'bail Concerns' 'risk of Further Serious Offending']

Case Brief

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Procedural Posture

Bail Release Application / Application for Bail Following Hearing for an Extended Supervision Order; Applicant Held Bail Refused on a Charge of Failing to Comply With a Condition of an Interim Supervision Order

Legal Issues

  1. 1 ['Whether the applicant showed cause why his continued detention was not justified for an offence contrary to s 12 of the Crimes (High Risk Offenders) Act 2006 (NSW).' "Whether the Crown's identified bail concerns, including risk of further serious offending and danger to victims and the community, amounted to an unacceptable risk." 'Whether conditional bail requiring compliance with the Interim Supervision Order and subsequent Extended Supervision Order would manage the identified risks.']

Ratio Decidendi

The applicant showed cause because the alleged breach was objectively at the low end, he would likely spend longer in custody awaiting hearing than any sentence for the offence, and he would remain supervised under the ISO and the ESO to be imposed. The risks of further serious offending and danger to Community Corrections staff, the ESO team and relatives were linked to his mental health, personality and behavioural issues, but were manageable through ESO supervision and did not amount to an unacceptable risk.

Court Disposition

Bail granted on condition that the applicant complies with the conditions of the Interim Supervision Order imposed by Hoeben CJ at CL on 16 December 2020 and subsequently with the conditions of the Extended Supervision Order which will be imposed.

Orders

  • ['The applicant should be granted bail on the condition that he complies with the conditions of the ISO imposed by Hoeben CJ at CL, and subsequently with the conditions of the ESO which will be imposed.']