R v Hay [2010] NSWSC 14

R v Hay [2010] NSWSC 14

The applicant is charged with offences involving a pure quantity of cocaine above the threshold set by NSW law and thus falls under the presumption against bail established by s 8A of the Bail Act 1978. The Crown case against him is circumstantial but sufficient to raise a reasonable prospect of conviction. The applicant did not displace the presumption against bail and therefore bail is refused.

Parties
Crown: Regina; Applicant: Matthew Robert Hay
Jurisdiction
Australia
Judgment Date
20 January 2010
Procedural Posture
Criminal / Bail Application
Outcome
bail refused
Legal Topics
Drug Offences, Bail Applications
Criminal Law Drug Offences Bail Applications

Case Brief

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Parties

Regina

Crown

Matthew Robert Hay

Applicant

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the applicant should be granted bail under s 8A of the Bail Act 1978 given the quantities and nature of the alleged drug offences.
  2. 2 Interpretation of s 8A(1)(b1) regarding pure versus gross quantity of drug for bail presumption.

Ratio Decidendi

The applicant is charged with offences involving a pure quantity of cocaine above the threshold set by NSW law and thus falls under the presumption against bail established by s 8A of the Bail Act 1978. The Crown case against him is circumstantial but sufficient to raise a reasonable prospect of conviction. The applicant did not displace the presumption against bail and therefore bail is refused.

Court Disposition

bail refused

Orders

  • Application for bail refused.