R v Kugor [2015] NSWCCA 14

R v Kugor [2015] NSWCCA 14

The Court was not satisfied that releasing the respondent on bail would create an unacceptable risk. Although the charged offences were serious, a custodial sentence was likely if he were convicted, and the prosecution case was reasonably strong, the principal concern was possible further offending. That concern could be adequately met by strict bail conditions, including curfew and enforcement conditions, particularly given the respondent's family ties, lack of passport, monetary security, relatively minor criminal record, time already spent in custody, and likely lengthy further pre-trial custody if bail were refused.

Jurisdiction
Australia
Judgment Date
23 February 2015
Procedural Posture
Crown Detention Application Under S50 of the Bail Act 2013 / Application Heard De Novo in the Court of Criminal Appeal After Davies J Granted Conditional Bail on 2 February 2015
Outcome
Crown's application for Detention Order is refused.
Legal Topics
['detention Application' 'unacceptable Risk' 'bail Concerns' 'aggravated Sexual Assault in Company' 'conditional Bail' 'curfew Enforcement Condition']
['criminal Law' 'bail'] ['detention Application' 'unacceptable Risk' 'bail Concerns' 'aggravated Sexual Assault in Company' 'conditional Bail' 'curfew Enforcement Condition']

Case Brief

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Procedural Posture

Crown Detention Application Under S50 of the Bail Act 2013 / Application Heard De Novo in the Court of Criminal Appeal After Davies J Granted Conditional Bail on 2 February 2015

Legal Issues

  1. 1 ['Whether bail should be refused because the respondent posed an unacceptable risk under the Bail Act 2013.' 'Whether any bail concerns could be adequately addressed by bail conditions.' "Whether the seriousness of the charged offences, the strength of the prosecution case, the respondent's criminal history, and likely pre-trial custody justified a detention order."]

Ratio Decidendi

The Court was not satisfied that releasing the respondent on bail would create an unacceptable risk. Although the charged offences were serious, a custodial sentence was likely if he were convicted, and the prosecution case was reasonably strong, the principal concern was possible further offending. That concern could be adequately met by strict bail conditions, including curfew and enforcement conditions, particularly given the respondent's family ties, lack of passport, monetary security, relatively minor criminal record, time already spent in custody, and likely lengthy further pre-trial custody if bail were refused.

Court Disposition

Crown's application for Detention Order is refused.

Orders

  • ["The Crown's application for a Detention Order is refused." "The respondent's bail is continued under the conditions imposed by Davies J on 2 February 2015." 'An additional Enforcement of Curfew Condition is imposed: the respondent is to present himself at the front door of his residential address at the direction...