R v Mel [2018] NSWSC 1463

R v Mel [2018] NSWSC 1463

Mr Mel failed to overcome the hurdle in s 74(1) of the Bail Act 2013 (NSW). The DNA and possession issues said to weaken the Crown case had already been canvassed in the previous bail application, the proposed surety was irrelevant because no failure-to-appear concern was alleged, the further delay to a January 2019 trial was not material and did not amount to a relevant change in circumstances, and the co-accused's conviction was not relevant to the grant of bail beyond matters already considered. Bail was therefore refused.

Jurisdiction
Australia
Judgment Date
28 September 2018
Procedural Posture
Bail Release Application / Further Bail Application After a Previous Bail Application Was Refused
Outcome
Bail refused
Legal Topics
['show Cause Offence' 'multiple Release Applications' 'material Information' 'change in Circumstances' 'unacceptable Risk' 'surety']
['criminal Law' 'bail'] ['show Cause Offence' 'multiple Release Applications' 'material Information' 'change in Circumstances' 'unacceptable Risk' 'surety']

Case Brief

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Procedural Posture

Bail Release Application / Further Bail Application After a Previous Bail Application Was Refused

Legal Issues

  1. 1 ['Whether there were grounds under s 74(3)(b) or s 74(3)(c) of the Bail Act 2013 (NSW) for a further release application after a previous refusal of bail.' 'Whether alleged further weakening of the Crown case, availability of a surety, further delay, and conviction of a co-accused amounted to material information or a relevant change in circumstances.' 'Whether bail should be granted or refused.']

Ratio Decidendi

Mr Mel failed to overcome the hurdle in s 74(1) of the Bail Act 2013 (NSW). The DNA and possession issues said to weaken the Crown case had already been canvassed in the previous bail application, the proposed surety was irrelevant because no failure-to-appear concern was alleged, the further delay to a January 2019 trial was not material and did not amount to a relevant change in circumstances, and the co-accused's conviction was not relevant to the grant of bail beyond matters already considered. Bail was therefore refused.

Court Disposition

Bail refused

Orders

  • ['Bail refused']