R v David Peter Cain (No.1) [2001] NSWSC 116

R v David Peter Cain (No.1) [2001] NSWSC 116

Bail was granted subject to strict conditions because, despite the presumption against bail in serious drug matters and the strength of the Crown case, the applicant demonstrated strong community ties, no previous failure to appear, prolonged pre-trial custody, absence of threat to persons or community, and the provision of substantial security in forms of cash and real estate offered by family and associates.

Jurisdiction
Australia
Judgment Date
01 March 2001
Procedural Posture
Criminal / Application for Bail
Outcome
Bail granted subject to conditions
Legal Topics
['bail' 'presumption Against Bail' 'security Offered for Bail']
['criminal Law'] ['bail' 'presumption Against Bail' 'security Offered for Bail']

Case Brief

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Procedural Posture

Criminal / Application for Bail

Legal Issues

  1. 1 ['Whether conditional bail should be granted to the applicant given the presumption against bail under s8A of the Bail Act 1978 for serious drug offences']

Ratio Decidendi

Bail was granted subject to strict conditions because, despite the presumption against bail in serious drug matters and the strength of the Crown case, the applicant demonstrated strong community ties, no previous failure to appear, prolonged pre-trial custody, absence of threat to persons or community, and the provision of substantial security in forms of cash and real estate offered by family and associates.

Court Disposition

Bail granted subject to conditions

Orders

  • ['The applicant is to reside at 52 Brighton Street, Banksmeadow.' 'The applicant is to report daily to the Botany Police Station.' 'The applicant is not to go within one kilometre of any airport or point of overseas departure except as necessary for police reporting.' 'The applicant is not to associate with any...