R v HD [2017] NSWSC 1756

R v HD [2017] NSWSC 1756

Although the period of pre-trial detention was lengthy and amounted to a change of circumstances allowing a further application, the risks associated with potential further serious offences, risk to the victim, and community safety concerns could not be ameliorated by the proposed bail conditions. The applicant failed to show cause why detention was not justified. Consequently, the application was refused.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Bail Application / Application for Bail Following Initial Refusal; Consideration of Further Application Under S 74 Bail Act 2013
Outcome
Application refused
Legal Topics
['bail Application' 'show Cause Offences' 'assessment of Strength of Crown Case']
['criminal Law'] ['bail Application' 'show Cause Offences' 'assessment of Strength of Crown Case']

Case Brief

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Procedural Posture

Bail Application / Application for Bail Following Initial Refusal; Consideration of Further Application Under S 74 Bail Act 2013

Legal Issues

  1. 1 ['Whether applicant has established grounds for a further bail application under s 74 of the Bail Act 2013' 'Whether applicant can show cause why detention is not justified for show cause offences under s 16B Bail Act 2013' 'Whether unacceptable risks justify continued detention']

Ratio Decidendi

Although the period of pre-trial detention was lengthy and amounted to a change of circumstances allowing a further application, the risks associated with potential further serious offences, risk to the victim, and community safety concerns could not be ameliorated by the proposed bail conditions. The applicant failed to show cause why detention was not justified. Consequently, the application was refused.

Court Disposition

Application refused

Orders

  • ['Application for bail dismissed.']