R v Daniel [2014] NSWSC 1968

R v Daniel [2014] NSWSC 1968

Given the strength of the Crown case, the seriousness of the alleged offences, the inevitability of a lengthy term of imprisonment if convicted, and the risk factors present, the unacceptable risk of the applicant failing to appear could not be adequately mitigated by bail conditions. Bail is therefore refused.

Parties
Respondent: Regina; Applicant: Darren Daniel
Jurisdiction
Australia
Judgment Date
23 June 2014
Procedural Posture
Application for Bail / Ex Tempore Judgment Following Renewed Bail Application
Outcome
Bail refused.
Legal Topics
Bail, Supply of Prohibited Drug, Unacceptable Risk, Section 74 Bail Act 2013 (nsw)
Criminal Law Bail Supply of Prohibited Drug Unacceptable Risk Section 74 Bail Act 2013 (nsw)

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Parties

Regina

Respondent

Darren Daniel

Applicant

Procedural Posture

Application for Bail / Ex Tempore Judgment Following Renewed Bail Application

Legal Issues

  1. 1 Whether bail should be granted to the applicant under s 74 of the Bail Act 2013 (NSW)
  2. 2 Whether there exists an unacceptable risk that the applicant will fail to appear if granted bail

Ratio Decidendi

Given the strength of the Crown case, the seriousness of the alleged offences, the inevitability of a lengthy term of imprisonment if convicted, and the risk factors present, the unacceptable risk of the applicant failing to appear could not be adequately mitigated by bail conditions. Bail is therefore refused.

Court Disposition

Bail refused.

Orders

  • Bail refused.