R v Tasker (No 2) [2015] NSWSC 467

R v Tasker (No 2) [2015] NSWSC 467

The applicant's guilty pleas, particularly to cultivating a commercial quantity of prohibited plants, significantly changed the bail position: he was no longer entitled to the presumption of innocence, any weaknesses in the Crown case were irrelevant, there was no prospect of acquittal or conviction of a less serious alternative offence, and a substantial period of imprisonment was considered inevitable. In those changed circumstances, he could no longer show cause why detention was not justified, so bail had to be refused.

Jurisdiction
Australia
Judgment Date
16 April 2015
Procedural Posture
Criminal Bail Application / Bail Ruling After Guilty Pleas Entered in Another Court
Outcome
Bail is refused.
Legal Topics
['bail' 'show Cause Offence' 'plea of Guilty' 'cultivation of Prohibited Plants' 'possession of Air Rifle']
['criminal Law'] ['bail' 'show Cause Offence' 'plea of Guilty' 'cultivation of Prohibited Plants' 'possession of Air Rifle']

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Procedural Posture

Criminal Bail Application / Bail Ruling After Guilty Pleas Entered in Another Court

Legal Issues

  1. 1 ['Whether the applicant had shown cause why his detention was not justified after entering guilty pleas.' "What effect the applicant's guilty pleas had on the previous indication that bail would be granted."]

Ratio Decidendi

The applicant's guilty pleas, particularly to cultivating a commercial quantity of prohibited plants, significantly changed the bail position: he was no longer entitled to the presumption of innocence, any weaknesses in the Crown case were irrelevant, there was no prospect of acquittal or conviction of a less serious alternative offence, and a substantial period of imprisonment was considered inevitable. In those changed circumstances, he could no longer show cause why detention was not justified, so bail had to be refused.

Court Disposition

Bail is refused.

Orders

  • ['Bail is refused.']