Lawson v Dunlevy [2012] NSWSC 48

Lawson v Dunlevy [2012] NSWSC 48

The imposition of a bail condition requiring submission to a breath test at the request of a police officer is not authorised by s 37 of the Bail Act 1978, is too vague and unenforceable, and is more onerous than required, and is therefore unlawful.

Parties
Plaintiff: Jeremy Lawson; First Defendant: Geoffrey Dunlevy; Second Defendant: Monique Gowans
Jurisdiction
Australia
Judgment Date
10 February 2012
Procedural Posture
Civil / Principal Judgment
Outcome
Relief granted; impugned bail condition declared unlawful and quashed; costs awarded to the plaintiff.
Legal Topics
Bail Conditions, Legality of Bail Requirements, Statutory Interpretation, Scope of Bail Act 1978, Imposition of Conditions, Protection of the Community
Criminal Law Bail Conditions Legality of Bail Requirements Statutory Interpretation Scope of Bail Act 1978 Imposition of Conditions Protection of the Community

Case Brief

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Parties

Jeremy Lawson

Plaintiff

Geoffrey Dunlevy

First Defendant

Monique Gowans

Second Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether a bail condition requiring the plaintiff to submit to a breath test upon police request is lawful under the Bail Act 1978.

Ratio Decidendi

The imposition of a bail condition requiring submission to a breath test at the request of a police officer is not authorised by s 37 of the Bail Act 1978, is too vague and unenforceable, and is more onerous than required, and is therefore unlawful.

Court Disposition

Relief granted; impugned bail condition declared unlawful and quashed; costs awarded to the plaintiff.

Orders

  • The Court declares that insofar as the grant of conditional bail to the plaintiff required him to enter into an agreement in accordance with the Bail Act 1978 to submit to a breath test when requested by a police officer, such obligation is unlawful.
  • The Court orders that insofar as, and to the extent that, the grant of conditional bail obliges the plaintiff to enter into an agreement in accordance with the Bail Act 1978, to submit to a breath test when requested by a police officer, the grant of conditional bail is quashed.