R v Forbes [2021] NSWSC 1387

R v Forbes [2021] NSWSC 1387

Bail was refused because the available material satisfied the Court that the Crown case was strong, there remained a risk that Mr Forbes may approach the complainant if released, and the Crown's concern that he may approach or interfere with the complainant or possibly commit a further similar offence could not be satisfactorily ameliorated by available bail conditions, particularly in light of his history of offending while on bail, stalking and intimidation, and breaching apprehended domestic violence orders.

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Bail Application / Before Committal; Next Required to Appear at the Newcastle Local Court for Committal on 8 December 2021
Outcome
Bail refused
Legal Topics
['sexual Intercourse Without Consent' 'consent' 'risk of Approaching or Interfering With Complainant' 'risk of Committing Further Offences' 'history of Offences While on Bail' 'apprehended Domestic Violence Orders']
['criminal Law' 'bail'] ['sexual Intercourse Without Consent' 'consent' 'risk of Approaching or Interfering With Complainant' 'risk of Committing Further Offences' 'history of Offences While on Bail' 'apprehended Domestic Violence Orders']

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Procedural Posture

Bail Application / Before Committal; Next Required to Appear at the Newcastle Local Court for Committal on 8 December 2021

Legal Issues

  1. 1 ['Whether Jeffrey Forbes should be granted bail on a charge of sexual intercourse without consent contrary to s 61I of the Crimes Act 1900.' 'Whether any risk that the applicant may approach or interfere with the complainant, or commit a further similar offence, could be satisfactorily ameliorated by bail conditions.']

Ratio Decidendi

Bail was refused because the available material satisfied the Court that the Crown case was strong, there remained a risk that Mr Forbes may approach the complainant if released, and the Crown's concern that he may approach or interfere with the complainant or possibly commit a further similar offence could not be satisfactorily ameliorated by available bail conditions, particularly in light of his history of offending while on bail, stalking and intimidation, and breaching apprehended domestic violence orders.

Court Disposition

Bail refused

Orders

  • ['Bail refused']