R v Grooms [2019] NSWSC 359

R v Grooms [2019] NSWSC 359

The applicant’s continued detention was not justified because a custodial sentence was highly unlikely if the breach were proven, he had substantially complied with prior orders, attended all related proceedings, and presented no unacceptable risks.

Parties
Applicant: David John Grooms; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
02 April 2019
Procedural Posture
Bail Application / Final Disposition
Outcome
Conditional bail granted
Legal Topics
Bail, Show Cause, Unacceptable Risk, Breach of Supervision Order
Criminal Law Bail Show Cause Unacceptable Risk Breach of Supervision Order

Case Brief

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Parties

David John Grooms

Applicant

The Crown

Respondent

Procedural Posture

Bail Application / Final Disposition

Legal Issues

  1. 1 Whether the applicant showed cause why continued detention was not justified under s 16(b)(1)(i) of the Bail Act 2013 (NSW)
  2. 2 Whether there were unacceptable risks justifying refusal of bail under s 17 of the Bail Act 2013 (NSW)

Ratio Decidendi

The applicant’s continued detention was not justified because a custodial sentence was highly unlikely if the breach were proven, he had substantially complied with prior orders, attended all related proceedings, and presented no unacceptable risks.

Court Disposition

Conditional bail granted

Orders

  • Applicant granted bail on conditions including compliance with the extended supervision order and attendance at Waverley Local Court on 3 April 2019