Miranda v R [2019] NSWDC 960

Miranda v R [2019] NSWDC 960

Cause was not shown because the evidence did not support that Mr Miranda was likely to receive a non-parole period shorter than his remand period, and there was no present prospect of a place in a residential rehabilitation facility.

Jurisdiction
Australia
Judgment Date
08 May 2019
Procedural Posture
Criminal Bail Application / Bail Application After Guilty Plea, Before Sentencing
Outcome
Bail refused.
Legal Topics
['show Cause' 'unacceptable Risk' 'commercial Supply of Prohibited Drugs' 'ongoing Supply of Prohibited Drugs' 'knowingly Dealing With Proceeds of Crime' 'residential Rehabilitation' 'remand Period']
['criminal Law' 'bail'] ['show Cause' 'unacceptable Risk' 'commercial Supply of Prohibited Drugs' 'ongoing Supply of Prohibited Drugs' 'knowingly Dealing With Proceeds of Crime' 'residential Rehabilitation' 'remand Period']

Case Brief

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Procedural Posture

Criminal Bail Application / Bail Application After Guilty Plea, Before Sentencing

Legal Issues

  1. 1 ['Whether the applicant had shown cause why his detention should not be continued.' "Whether the applicant's expected remand period might exceed the non-parole period of his sentence." 'Whether the prospect of residential rehabilitation supported release on bail.']

Ratio Decidendi

Cause was not shown because the evidence did not support that Mr Miranda was likely to receive a non-parole period shorter than his remand period, and there was no present prospect of a place in a residential rehabilitation facility.

Court Disposition

Bail refused.

Orders

  • ['Bail is refused.']