JM v R [2015] NSWSC 978

JM v R [2015] NSWSC 978

The applicant showed cause why detention was not justified because, although charged with a very serious offence and facing a Crown case sufficient to go to a jury, he was 21, in custody for the first time, and likely to remain on remand for an undesirable period of about 15 to 18 months before trial; those factors outweighed the seriousness of the charge and the Crown case was not demonstrably strong. Applying the unacceptable risk test, the Court was not satisfied that risks of witness interference, commission of a serious offence, danger to the community, or non-appearance were unacceptable, particularly given the proposed residence, reporting, curfew, non-contact and security conditions.

Jurisdiction
Australia
Judgment Date
22 July 2015
Procedural Posture
Bail Application in Criminal Proceedings for Murder / Pre Trial Application for Release on Bail Under S 8 of the Bail Act 2013
Outcome
Conditional bail granted.
Legal Topics
['murder Charge' 'show Cause Requirement' 'unacceptable Risk Test' 'strength of Crown Case' 'self Defence' 'bail Conditions' 'suppression Order']
['criminal Law' 'bail'] ['murder Charge' 'show Cause Requirement' 'unacceptable Risk Test' 'strength of Crown Case' 'self Defence' 'bail Conditions' 'suppression Order']

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Procedural Posture

Bail Application in Criminal Proceedings for Murder / Pre Trial Application for Release on Bail Under S 8 of the Bail Act 2013

Legal Issues

  1. 1 ['Whether the applicant showed cause why his detention was not justified for a show cause offence punishable by imprisonment for life.' 'Whether, if cause was shown, release on bail would present an unacceptable risk of failure to appear, committing a serious offence, endangering safety, or interfering with witnesses or evidence.' 'Whether any bail concerns could be mitigated by conditions.' 'How the strength of the Crown case, including evidence raising self-defence, affected the bail decision.']

Ratio Decidendi

The applicant showed cause why detention was not justified because, although charged with a very serious offence and facing a Crown case sufficient to go to a jury, he was 21, in custody for the first time, and likely to remain on remand for an undesirable period of about 15 to 18 months before trial; those factors outweighed the seriousness of the charge and the Crown case was not demonstrably strong. Applying the unacceptable risk test, the Court was not satisfied that risks of witness interference, commission of a serious offence, danger to the community, or non-appearance were unacceptable, particularly given the proposed residence, reporting, curfew, non-contact and security conditions.

Court Disposition

Conditional bail granted.

Orders

  • ["The names of the applicant, the deceased, the witnesses to the events, and any material tending to identify them are suppressed until the conclusion of the applicant's trial or further order of the Court, whichever first occurs." 'The applicant is to be of good behaviour.' 'The applicant is to live at xxx Kempsey...