R v Anderson [2020] NSWDC 799

R v Anderson [2020] NSWDC 799

On the balance of probabilities, the accused breached bail conditions by being in Ballina in the vicinity of a material Crown witness late at night, leading to concerns about interference with witnesses. Accordingly, detention is warranted and bail is revoked.

Jurisdiction
Australia
Judgment Date
19 November 2020
Procedural Posture
Criminal / Detention Application on Alleged Bail Breach Prior to Trial
Outcome
Detention application successful. Bail revoked.
Legal Topics
['bail' 'detention Applications' 'breach of Bail' 'manslaughter']
['criminal Law'] ['bail' 'detention Applications' 'breach of Bail' 'manslaughter']

Case Brief

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Procedural Posture

Criminal / Detention Application on Alleged Bail Breach Prior to Trial

Legal Issues

  1. 1 ['Whether the accused breached bail conditions by leaving his residence and being in vicinity of a material Crown witness' 'Whether the accused should remain on bail pending trial']

Ratio Decidendi

On the balance of probabilities, the accused breached bail conditions by being in Ballina in the vicinity of a material Crown witness late at night, leading to concerns about interference with witnesses. Accordingly, detention is warranted and bail is revoked.

Court Disposition

Detention application successful. Bail revoked.

Orders

  • ["The detention application is successful and the accused's bail is revoked. He will remain in custody until further order." 'A copy of exhibit 4 and of exhibit 5 are to be given to Corrective Services officers for transfer to the relevant gaol.' 'The registrar is directed to endorse, on the warrant, the fact that...