R v Tillman [2008] NSWSC 1227

R v Tillman [2008] NSWSC 1227

Exceptional circumstances were established by the accumulation of unusual factors, including the age of the alleged offences, the prior discharge at committal, the applicant's lengthy custody and civil detention, the recent revival of the charges, and the stringent interim supervision order. Those same supervision conditions, supplemented by bail conditions, satisfied the Court that the applicant would answer bail and that bail could be granted conditionally.

Jurisdiction
Australia
Judgment Date
31 October 2008
Procedural Posture
Application for Bail / Supreme Court of New South Wales, Common Law Division, Criminal List, on Application for Bail
Outcome
Conditional bail granted.
Legal Topics
['exceptional Circumstances Under S.9 D Bail Act 1978' 'sexual Assault Charges' 'interim Supervision Order Under Crimes (serious Sex Offenders) Act 2006' 'bail Conditions']
['criminal Law' 'bail' 'serious Sex Offender Supervision'] ['exceptional Circumstances Under S.9 D Bail Act 1978' 'sexual Assault Charges' 'interim Supervision Order Under Crimes (serious Sex Offenders) Act 2006' 'bail Conditions']

Case Brief

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Procedural Posture

Application for Bail / Supreme Court of New South Wales, Common Law Division, Criminal List, on Application for Bail

Legal Issues

  1. 1 ['Whether s.9D Bail Act 1978 applied so that bail could not be granted unless exceptional circumstances justified it.' 'Whether the cumulative features of the case amounted to exceptional circumstances justifying the grant of bail.' 'Whether bail should be granted subject to conditions, having regard to the interim supervision order and the factors under s.32 Bail Act 1978.']

Ratio Decidendi

Exceptional circumstances were established by the accumulation of unusual factors, including the age of the alleged offences, the prior discharge at committal, the applicant's lengthy custody and civil detention, the recent revival of the charges, and the stringent interim supervision order. Those same supervision conditions, supplemented by bail conditions, satisfied the Court that the applicant would answer bail and that bail could be granted conditionally.

Court Disposition

Conditional bail granted.

Orders

  • ['The applicant is to appear at the Junee Local Court on 11 November 2008, and at such time and place thereafter as required.' 'The applicant is to reside at a location approved by the departmental supervising officer with the Department of Corrective Services for the purposes of the interim supervision order made...