R v Cowell [2017] NSWSC 1604

R v Cowell [2017] NSWSC 1604

The applicant's bail concerns can be adequately addressed through the imposition of strict conditions that mitigate identified risks; given the evidence, the risk of interference or non-compliance is not significant enough to refuse bail.

Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Bail Application / Hearing and Decision
Outcome
Bail granted subject to conditions.
Legal Topics
['bail' 'unacceptable Risk' 'bail Conditions']
['criminal Law'] ['bail' 'unacceptable Risk' 'bail Conditions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bail Application / Hearing and Decision

Legal Issues

  1. 1 ['Whether bail should be granted to the applicant given alleged offences and prior criminal history' 'Whether bail concerns under s 17(2) of the Bail Act 2013 can be adequately addressed by conditions']

Ratio Decidendi

The applicant's bail concerns can be adequately addressed through the imposition of strict conditions that mitigate identified risks; given the evidence, the risk of interference or non-compliance is not significant enough to refuse bail.

Court Disposition

Bail granted subject to conditions.

Orders

  • ['He is to be of good behaviour.' 'He is to reside at XX XXX Close, Glenmore Park.' 'He is to report to Penrith Police Station daily between the hours of 8am and 8pm.' 'He is to appear at Penrith Local Court when his charges are next before the court for plea or mention.' 'He is not to drink alcohol or enter...