R v HANTIS [2004] NSWSC 153

R v HANTIS [2004] NSWSC 153

Bail was refused because the applicant's failed suicide attempt and delay in the processing of the charge could not themselves constitute exceptional circumstances under s9C, and although medical attention was a matter of concern, the proposed treatment arrangements at St John of God Health Services were insufficiently secure and insufficiently explained, including because the applicant would be at liberty to leave, could then exhibit suicidal or homicidal behaviour, and transport and treatment protocols were unclear.

Jurisdiction
Australia
Judgment Date
04 March 2004
Procedural Posture
Criminal Application for Bail in Respect of an Offence of Murder / Application for Bail Before the Supreme Court of New South Wales
Outcome
Application for bail refused
Legal Topics
['exceptional Circumstances for Bail on Murder Charge' 'psychiatric Treatment While on Bail' 'risk of Self Harm or Homicidal Behaviour' 'delay Pending Trial']
['criminal Law' 'bail'] ['exceptional Circumstances for Bail on Murder Charge' 'psychiatric Treatment While on Bail' 'risk of Self Harm or Homicidal Behaviour' 'delay Pending Trial']

Case Brief

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Procedural Posture

Criminal Application for Bail in Respect of an Offence of Murder / Application for Bail Before the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether exceptional circumstances under s9C of the Bail Act justified granting bail to a person in respect of an offence of murder.' "Whether the applicant's failed suicide attempt, psychiatric needs, delay before trial, and proposed treatment at St John of God Health Services amounted to exceptional circumstances."]

Ratio Decidendi

Bail was refused because the applicant's failed suicide attempt and delay in the processing of the charge could not themselves constitute exceptional circumstances under s9C, and although medical attention was a matter of concern, the proposed treatment arrangements at St John of God Health Services were insufficiently secure and insufficiently explained, including because the applicant would be at liberty to leave, could then exhibit suicidal or homicidal behaviour, and transport and treatment protocols were unclear.

Court Disposition

Application for bail refused

Orders

  • ['Application for bail refused.' 'If supplementary material could be provided by the following day, the judge would reconsider the matter and relist it by arrangement with the Associate.' 'Otherwise any new application was directed to be dealt with instanter by the bails judge the next week.']