R v Ian David Lazar [2018] NSWSC 1333

R v Ian David Lazar [2018] NSWSC 1333

The applicant continued to present a risk that, if released, he would commit a serious offence. The commercial financial dealings conditions were reasonably necessary to address that bail concern and were relevant, reasonable and proportionate to the offences for which bail was granted; although arguably onerous, they were no more onerous than necessary. There was no evidence justifying the proposed non-disclosure condition, and the Court doubted it had power under the Bail Act to impose it.

Jurisdiction
Australia
Judgment Date
30 August 2018
Procedural Posture
Bail Application / Application for Variation of Bail Conditions
Outcome
The application for variation is dismissed.
Legal Topics
['variation of Bail Conditions' 'fraud' 'commercial Financial Dealings' 'bail Concerns' 'onerous Bail Conditions']
['criminal Law' 'bail'] ['variation of Bail Conditions' 'fraud' 'commercial Financial Dealings' 'bail Concerns' 'onerous Bail Conditions']

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Procedural Posture

Bail Application / Application for Variation of Bail Conditions

Legal Issues

  1. 1 ['Whether the commercial financial dealings bail conditions should be deleted or modified.' 'Whether the conditions were reasonably necessary, reasonable and proportionate, no more onerous than necessary, and reasonably practicable under the Bail Act 2013 (NSW).' 'Whether an additional non-disclosure condition concerning disclosed information should be imposed.']

Ratio Decidendi

The applicant continued to present a risk that, if released, he would commit a serious offence. The commercial financial dealings conditions were reasonably necessary to address that bail concern and were relevant, reasonable and proportionate to the offences for which bail was granted; although arguably onerous, they were no more onerous than necessary. There was no evidence justifying the proposed non-disclosure condition, and the Court doubted it had power under the Bail Act to impose it.

Court Disposition

The application for variation is dismissed.

Orders

  • ['The application for variation is dismissed.']