R v Dimarelis [2016] NSWSC 779

R v Dimarelis [2016] NSWSC 779

The firearm charge was not a show cause offence because giving possession of the pistol under s 50B of the Firearms Act 1996 (NSW) did not involve transfer of ownership and therefore did not involve 'supply' as defined for s 16B of the Bail Act 2013 (NSW). However, the accessorial murder charge was a show cause offence. The applicant did not show cause why detention was not justified because the Crown case was not weak, the medical evidence did not show that his diabetes could not be managed in custody, and delay and favourable personal factors did not outweigh the seriousness of the offences, the strength of the Crown case and the absence of expert evidence requiring release.

Jurisdiction
Australia
Judgment Date
15 June 2016
Procedural Posture
Criminal Bail Application / Supreme Court Application for Bail in Respect of Charges After Local Court Refused Release on a Fresh Firearm Charge and Revoked Previous Bail
Outcome
Bail refused
Legal Topics
['bail' 'show Cause Offences' 'unacceptable Risk' 'accessory After the Fact to Murder' 'firearms Offences' 'medical Condition in Custody']
['criminal Law'] ['bail' 'show Cause Offences' 'unacceptable Risk' 'accessory After the Fact to Murder' 'firearms Offences' 'medical Condition in Custody']

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Procedural Posture

Criminal Bail Application / Supreme Court Application for Bail in Respect of Charges After Local Court Refused Release on a Fresh Firearm Charge and Revoked Previous Bail

Legal Issues

  1. 1 ['Whether the firearm charge under s 50B of the Firearms Act 1996 (NSW) was a show cause offence under s 16B of the Bail Act 2013 (NSW).' 'Whether the applicant showed cause why his detention was not justified in relation to the charge of being an accessory after the fact to murder.' "Whether the applicant's type 1 diabetes and medical treatment in custody justified release on bail." 'Whether bail concerns amounted to unacceptable risks having regard to the s 18 considerations.']

Ratio Decidendi

The firearm charge was not a show cause offence because giving possession of the pistol under s 50B of the Firearms Act 1996 (NSW) did not involve transfer of ownership and therefore did not involve 'supply' as defined for s 16B of the Bail Act 2013 (NSW). However, the accessorial murder charge was a show cause offence. The applicant did not show cause why detention was not justified because the Crown case was not weak, the medical evidence did not show that his diabetes could not be managed in custody, and delay and favourable personal factors did not outweigh the seriousness of the offences, the strength of the Crown case and the absence of expert evidence requiring release.

Court Disposition

Bail refused

Orders

  • ['Bail is refused.']