R v Alexandridis [2014] NSWSC 662

R v Alexandridis [2014] NSWSC 662

On the balance of probabilities, the evidence, including the recorded interview of Dimitrios Simitci and the circumstances of the 29 April 2014 incident, established unacceptable risks that the applicant would interfere with witnesses, commit serious offences, and endanger the safety of the alleged victims. Although there was no unacceptable risk that he would fail to appear, and despite his support, record, and proposed stringent conditions, the identified unacceptable risks could not be sufficiently mitigated by bail conditions. Bail was therefore refused under s 20(1) of the Bail Act 2013 (NSW).

Jurisdiction
Australia
Judgment Date
23 May 2014
Procedural Posture
Criminal Bail Application / Application for Bail and Release Order After Charge of Threatening a Person With Intent to Influence as a Witness
Outcome
Bail refused
Legal Topics
['bail Act 2013 (nsw)' 'unacceptable Risk' 'mitigation of Unacceptable Risks' 'onus of Proof' 'interference With Witnesses']
['criminal Law' 'bail'] ['bail Act 2013 (nsw)' 'unacceptable Risk' 'mitigation of Unacceptable Risks' 'onus of Proof' 'interference With Witnesses']

Case Brief

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Procedural Posture

Criminal Bail Application / Application for Bail and Release Order After Charge of Threatening a Person With Intent to Influence as a Witness

Legal Issues

  1. 1 ['Whether there was an unacceptable risk under s 17 of the Bail Act 2013 (NSW) if the applicant were released on bail.' 'Whether any unacceptable risk could be sufficiently mitigated by the imposition of bail conditions under s 20(1) of the Bail Act 2013 (NSW).' 'Whether there was an unacceptable risk that the applicant would fail to appear, commit serious offences, endanger the safety of alleged victims, or interfere with witnesses or evidence.']

Ratio Decidendi

On the balance of probabilities, the evidence, including the recorded interview of Dimitrios Simitci and the circumstances of the 29 April 2014 incident, established unacceptable risks that the applicant would interfere with witnesses, commit serious offences, and endanger the safety of the alleged victims. Although there was no unacceptable risk that he would fail to appear, and despite his support, record, and proposed stringent conditions, the identified unacceptable risks could not be sufficiently mitigated by bail conditions. Bail was therefore refused under s 20(1) of the Bail Act 2013 (NSW).

Court Disposition

Bail refused

Orders

  • ['Bail is refused.']