R v Awad [2015] NSWSC 2106

R v Awad [2015] NSWSC 2106

Conditional bail was granted because, although the applicant was subject to show cause, had prior driving while disqualified convictions, had breached bail twice, and was on conditional liberty when the alleged offences occurred, those concerns were outweighed by the relatively low level of seriousness of the charged drug supply and proceeds offences and by strong support from his parents, former employer and church community, including a $50,000 surety and recognition of his drug problem.

Jurisdiction
Australia
Judgment Date
03 February 2015
Procedural Posture
Criminal Bail Application / Bail Application
Outcome
Conditional bail granted
Legal Topics
['bail' 'supply Prohibited Drug' 'proceeds of Crime' 'show Cause' 'conditional Liberty']
['criminal Law'] ['bail' 'supply Prohibited Drug' 'proceeds of Crime' 'show Cause' 'conditional Liberty']

Case Brief

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Procedural Posture

Criminal Bail Application / Bail Application

Legal Issues

  1. 1 ['Whether the applicant should be granted bail after being charged with supply prohibited drug, possess prohibited drug and dealing with proceeds of crime while on bail and subject to a suspended prison sentence.' 'Whether the applicant justified bail in light of show cause, prior driving while disqualified convictions and prior bail breaches.' 'Whether the proposed parental residence, surety, employment support and recognition of a drug problem adequately addressed bail concerns.']

Ratio Decidendi

Conditional bail was granted because, although the applicant was subject to show cause, had prior driving while disqualified convictions, had breached bail twice, and was on conditional liberty when the alleged offences occurred, those concerns were outweighed by the relatively low level of seriousness of the charged drug supply and proceeds offences and by strong support from his parents, former employer and church community, including a $50,000 surety and recognition of his drug problem.

Court Disposition

Conditional bail granted

Orders

  • ['Conditional bail granted']