R v HAZ [2018] NSWSC 386

Procedural Posture

Criminal Bail Release Application / Second Release Application After Earlier Refusal; Threshold Issue Under Bail Act 2013 S 74

Legal Issues

1. 1 ['Whether, after a previous refusal of bail by the same Court, there were grounds for a further release application under Bail Act 2013 s 74.' 'Whether the applicant established, on the balance of probabilities, that material information relevant to the grant of bail was available that was not presented on the previous application.' "Whether circumstances relevant to the grant of bail had changed since the previous application, including proposed security, electronic monitoring, delay to trial, the strength of the Crown case, and the applicant's conduct in custody."]

Ratio Decidendi

The applicant did not establish any changed circumstances relevant to the grant of bail or any new material information within Bail Act 2013 s 74. Increased security was irrelevant because failure to appear was not a Crown bail concern; electronic monitoring did not materially mitigate the identified risks of serious offending and danger; the asserted further delay to trial was unsupported by sufficient material; the suggestion that the Crown case had diminished was too general; and the absence of offending or interference while in custody was not a relevant changed circumstance. The Court was therefore required to refuse to hear the further release application and dismiss it.

Court Disposition

Application dismissed

Orders

• ['The application is dismissed.']