R v Powrie [2017] NSWSC 276

R v Powrie [2017] NSWSC 276

Although the Crown case on the show cause offence appeared fairly weak, the applicant did not show cause why his continued detention for that offence was not justified because he identified no additional circumstance such as excessive delay, unmet health needs or unusually harsh prison conditions. Bail was therefore refused. The Court also indicated that, even if show cause had been established, bail would have been refused on the remaining offences because the non-show cause Crown case was strong or very strong and there was an unacceptable risk of witness interference and a risk of non-appearance.

Jurisdiction
Australia
Judgment Date
21 March 2017
Procedural Posture
Bail Application / Show Cause Bail Hearing
Outcome
Bail is refused
Legal Topics
['show Cause Requirement' 'supply of Commercial Quantity of Prohibited Drugs' 'unacceptable Risk' 'witness Interference' 'non Appearance']
['criminal Law' 'bail'] ['show Cause Requirement' 'supply of Commercial Quantity of Prohibited Drugs' 'unacceptable Risk' 'witness Interference' 'non Appearance']

Case Brief

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Procedural Posture

Bail Application / Show Cause Bail Hearing

Legal Issues

  1. 1 ['Whether the applicant showed cause why his continued detention was not justified for a show cause offence under the Bail Act 2013.' 'Whether, if show cause were shown, bail should nevertheless be refused because of bail concerns in relation to the remaining offences.']

Ratio Decidendi

Although the Crown case on the show cause offence appeared fairly weak, the applicant did not show cause why his continued detention for that offence was not justified because he identified no additional circumstance such as excessive delay, unmet health needs or unusually harsh prison conditions. Bail was therefore refused. The Court also indicated that, even if show cause had been established, bail would have been refused on the remaining offences because the non-show cause Crown case was strong or very strong and there was an unacceptable risk of witness interference and a risk of non-appearance.

Court Disposition

Bail is refused

Orders

  • ['Bail is refused']