R v Habambo [2023] NSWDC 295

R v Habambo [2023] NSWDC 295

The applicant established that special or exceptional circumstances justified bail pending appeal through a combination of reasonably arguable and strong grounds of appeal, past bail compliance, financial hardship, and strong subjective factors. The Court found, on the available evidence, that the applicant was not an unacceptable risk under s 18 if released with stringent conditions. Bail was therefore granted subject to conditions.

Jurisdiction
Australia
Judgment Date
02 August 2023
Procedural Posture
Criminal / Bail Application Pending Appeal
Outcome
Application for bail granted, subject to stringent conditions pending appeal.
Legal Topics
['bail Application' 'special or Exceptional Circumstances' 'domestic Violence Offences' 'appeal Bail' 'unacceptable Risk Test']
['criminal Law'] ['bail Application' 'special or Exceptional Circumstances' 'domestic Violence Offences' 'appeal Bail' 'unacceptable Risk Test']

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Procedural Posture

Criminal / Bail Application Pending Appeal

Legal Issues

  1. 1 ['Whether special or exceptional circumstances exist justifying bail pending appeal under s 22 of the Bail Act 2013' 'Whether the applicant poses an unacceptable risk under s 18 of the Bail Act 2013']

Ratio Decidendi

The applicant established that special or exceptional circumstances justified bail pending appeal through a combination of reasonably arguable and strong grounds of appeal, past bail compliance, financial hardship, and strong subjective factors. The Court found, on the available evidence, that the applicant was not an unacceptable risk under s 18 if released with stringent conditions. Bail was therefore granted subject to conditions.

Court Disposition

Application for bail granted, subject to stringent conditions pending appeal.

Orders

  • ['The applicant is granted bail until conclusion of appeal subject to conditions: to appear at the Court of Criminal Appeal as required; to be of good behaviour; to report to Riverwood Police Station each Monday, Wednesday, Friday between 6am and 8pm; to reside at 176 Fowler Road, Illawong; not to be absent from the...