R v Maddock [2014] NSWSC 1973

R v Maddock [2014] NSWSC 1973

Although there was an unacceptable risk that the applicant might fail to appear and might commit a serious offence while on bail, the court was not satisfied that those risks could not be sufficiently mitigated by bail conditions; accordingly, bail could not be refused and conditional bail was granted, with a security requirement imposed.

Jurisdiction
Australia
Judgment Date
04 June 2014
Procedural Posture
Criminal Bail Application / Application for Bail
Outcome
Conditional bail granted
Legal Topics
['bail' 'unacceptable Risk' 'bail Conditions' 'security Requirement']
['criminal Law'] ['bail' 'unacceptable Risk' 'bail Conditions' 'security Requirement']

Case Brief

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Procedural Posture

Criminal Bail Application / Application for Bail

Legal Issues

  1. 1 ['Whether there was an unacceptable risk that the applicant would fail to appear or commit a serious offence while on bail.' 'Whether any unacceptable risk could be sufficiently mitigated by the imposition of bail conditions.' 'Whether a security requirement should be imposed given the seriousness of the charge and attendant risks.']

Ratio Decidendi

Although there was an unacceptable risk that the applicant might fail to appear and might commit a serious offence while on bail, the court was not satisfied that those risks could not be sufficiently mitigated by bail conditions; accordingly, bail could not be refused and conditional bail was granted, with a security requirement imposed.

Court Disposition

Conditional bail granted

Orders

  • ['Bail is granted with conditions.' 'A security requirement is imposed under s 26.']