R v Wright [2015] NSWSC 2109

R v Wright [2015] NSWSC 2109

Although there was a real risk, particularly to the victim, the proposed conditions requiring the applicant to reside with a close relative in Lithgow and not attend Parkes, considered with the guidance in Brown about culturally appropriate alternatives for Aboriginal accused, meant that liberty on bail was not unacceptable in the circumstances.

Jurisdiction
Australia
Judgment Date
07 April 2015
Procedural Posture
Criminal Bail Application / Application for Bail
Outcome
Conditional bail granted
Legal Topics
['bail' 'aboriginal Offender' 'domestic Violence' 'unacceptable Risk' 'culturally Appropriate Supervision']
['criminal Law'] ['bail' 'aboriginal Offender' 'domestic Violence' 'unacceptable Risk' 'culturally Appropriate Supervision']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Bail Application / Application for Bail

Legal Issues

  1. 1 ['Whether there was an unacceptable risk if bail were granted.' 'Whether bail conditions could ameliorate the risk to the victim of the domestic violence offences.' "Whether the applicant's Aboriginal background and circumstances of deprivation, and the desirability of culturally appropriate alternatives to remand, should be taken into account."]

Ratio Decidendi

Although there was a real risk, particularly to the victim, the proposed conditions requiring the applicant to reside with a close relative in Lithgow and not attend Parkes, considered with the guidance in Brown about culturally appropriate alternatives for Aboriginal accused, meant that liberty on bail was not unacceptable in the circumstances.

Court Disposition

Conditional bail granted

Orders

  • ['Bail is granted subject to conditions.' 'FOR BAIL CONDITIONS SEE COURT FILE']