R v Fletcher [2013] NSWSC 1273

R v Fletcher [2013] NSWSC 1273

The applicant did not discharge the heavy onus of establishing exceptional circumstances to justify bail for serious personal violence offences under s 9D Bail Act 1978, and there were insufficient grounds to grant bail for other offences owing to flight risk, risk to community, and risk of interfering with witnesses or committing further offences.

Jurisdiction
Australia
Judgment Date
05 September 2013
Procedural Posture
Bail Application / Decision on Bail Pending Trial
Outcome
Bail refused
Legal Topics
['bail' 'exceptional Circumstances' 'personal Violence Offences' 'serious Indictable Offences']
['criminal Law'] ['bail' 'exceptional Circumstances' 'personal Violence Offences' 'serious Indictable Offences']

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 / Decision on Bail Pending Trial

Legal Issues

  1. 1 ['Whether exceptional circumstances justify the grant of bail under s 9D Bail Act 1978 for serious personal violence offences' 'Whether bail should be refused for other offences not subject to s 9D' 'Whether the applicant may interfere with witnesses or commit further offences if released on bail' 'Whether delay in proceedings constitutes exceptional circumstances']

Ratio Decidendi

The applicant did not discharge the heavy onus of establishing exceptional circumstances to justify bail for serious personal violence offences under s 9D Bail Act 1978, and there were insufficient grounds to grant bail for other offences owing to flight risk, risk to community, and risk of interfering with witnesses or committing further offences.

Court Disposition

Bail refused

Orders

  • ['Bail is refused for all offences.']