R v Diallo & Ors (No 12); Re an application for bail by witness MM [2024] NSWSC 1087

R v Diallo & Ors (No 12); Re an application for bail by witness MM [2024] NSWSC 1087

Bail is granted to MM because he has previously complied with appearing at court on subpoena, has provided address details, promises to attend the next day, and the prosecution does not oppose bail.

Parties
Prosecution: Rex; Defendant: Ibrahima Diallo; Defendant: AG; Defendant: AD; Defendant: Panashe Morgan Ryan Karise; Witness: MM
Jurisdiction
Australia
Judgment Date
21 August 2024
Procedural Posture
Criminal / Bail Application by Witness Arrested Under Bench Warrant
Outcome
Conditional bail granted
Legal Topics
Bail, Bench Warrant, Witness Subpoena
Criminal Law Bail Bench Warrant Witness Subpoena

Case Brief

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Parties

Rex

Prosecution

Ibrahima Diallo

Defendant

AG

Defendant

AD

Defendant

Panashe Morgan Ryan Karise

Defendant

MM

Witness

Procedural Posture

Criminal / Bail Application by Witness Arrested Under Bench Warrant

Legal Issues

  1. 1 Whether bail should be granted to a witness arrested under bench warrant for failing to appear on subpoena

Ratio Decidendi

Bail is granted to MM because he has previously complied with appearing at court on subpoena, has provided address details, promises to attend the next day, and the prosecution does not oppose bail.

Court Disposition

Conditional bail granted

Orders

  • Witness MM to be granted bail on the condition that he go directly from court to his nominated home address and remain there overnight, coming directly back to court the following day.
  • Address and phone number of MM to remain confidential, only to be accessed by a judge of this Court or higher jurisdiction, or by registry staff for bail undertaking purposes.