R v David Ewen [2017] NSWSC 1328

R v David Ewen [2017] NSWSC 1328

Cause was shown because the Crown case identifying the applicant as the perpetrator was relatively weak, one indecent assault charge was not supported by real evidence due to a material omission from the police facts, the applicant had strong community and family ties and significant personal circumstances, and the proposed bail conditions were strong. Although bail concerns existed, especially given the seriousness of the charge and potential risk to children, the imposed conditions reduced the risks of failure to appear, danger to the community, and further offending to an acceptable level.

Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Bail Application / Supreme Court of New South Wales Application After Bail Refusal Following Charge and Local Court Refusal
Outcome
Bail granted on conditions. Interim non-publication order continued for the first names of the applicant's children and the names of their schools; the non-publication order concerning the applicant's home address was revoked.
Legal Topics
['show Cause Offence' 'sexual Assault Allegations' 'strength of the Crown Case' 'bail Concerns' 'unacceptable Risk' 'non Publication Order']
['criminal Law' 'bail' 'suppression and Non Publication Orders'] ['show Cause Offence' 'sexual Assault Allegations' 'strength of the Crown Case' 'bail Concerns' 'unacceptable Risk' 'non Publication Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bail Application / Supreme Court of New South Wales Application After Bail Refusal Following Charge and Local Court Refusal

Legal Issues

  1. 1 ['Whether the applicant had shown cause under s 16A(1) of the Bail Act 2013 for a show cause offence under s 16B(1)(a) and (b).' "Whether the strength of the Crown case, the applicant's community ties and personal circumstances, and the proposed bail conditions justified release on bail." 'Whether any bail concerns, including risk of failure to appear, danger to the community, and commission of serious offences, amounted to an unacceptable risk after conditions were imposed.' "Whether non-publication orders should continue in respect of the first names of the applicant's children, the names of their schools, and the applicant's home address."]

Ratio Decidendi

Cause was shown because the Crown case identifying the applicant as the perpetrator was relatively weak, one indecent assault charge was not supported by real evidence due to a material omission from the police facts, the applicant had strong community and family ties and significant personal circumstances, and the proposed bail conditions were strong. Although bail concerns existed, especially given the seriousness of the charge and potential risk to children, the imposed conditions reduced the risks of failure to appear, danger to the community, and further offending to an acceptable level.

Court Disposition

Bail granted on conditions. Interim non-publication order continued for the first names of the applicant's children and the names of their schools; the non-publication order concerning the applicant's home address was revoked.

Orders

  • ['The applicant is to reside at [xxx].' 'The applicant is not to be absent from the residence between the hours of 10:00pm and 5:00am.' 'The applicant is to present himself at the front door of the premises where he is to reside at the direction of any police officer to confirm compliance with the curfew condition,...