R v Weatherall [2023] NSWSC 710

R v Weatherall [2023] NSWSC 710

The applicant established, on the balance of probabilities, that circumstances exist justifying the grant of bail despite the presumption against bail under s 15AAA of the Crimes Act 1914 (Cth), as risks were appropriately mitigated by the proposed strict bail conditions, supported accommodation, and engagement with support services, and special vulnerabilities were taken into account.

Jurisdiction
Australia
Judgment Date
20 June 2023
Procedural Posture
Bail Application / First Instance Determination of Release Application
Outcome
Bail granted
Legal Topics
['bail' 'commonwealth Offences' 'presumption Against Bail' 'applications by Disadvantaged Aboriginal Accused']
['criminal Law'] ['bail' 'commonwealth Offences' 'presumption Against Bail' 'applications by Disadvantaged Aboriginal Accused']

Case Brief

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Procedural Posture

Bail Application / First Instance Determination of Release Application

Legal Issues

  1. 1 ['Whether s 15AAA of the Crimes Act 1914 (Cth) precludes the grant of bail unless circumstances exist' 'Whether the applicant established circumstances justifying bail under s 15AAA' 'The application of the Bail Act 2013 (NSW) to Commonwealth child sex offences']

Ratio Decidendi

The applicant established, on the balance of probabilities, that circumstances exist justifying the grant of bail despite the presumption against bail under s 15AAA of the Crimes Act 1914 (Cth), as risks were appropriately mitigated by the proposed strict bail conditions, supported accommodation, and engagement with support services, and special vulnerabilities were taken into account.

Court Disposition

Bail granted

Orders

  • ['Applicant to be of good behaviour.' 'Applicant to appear at Local Court at Moree on 27 June 2023 unless excused and thereafter as directed.' 'Applicant to live at specified address and nowhere else.' 'Applicant to report daily to The Entrance Police Station between 6am and 8pm.' 'Applicant subject to curfew from...