Director of Public Prosecutions (NSW) v Quinn [2015] NSWSC 1326

Director of Public Prosecutions (NSW) v Quinn [2015] NSWSC 1326

Although the respondent had shown cause why his detention was not justified, the evidence established an unacceptable risk that he would endanger the safety of hospital staff required to provide care to him, other patients and visitors. Because s 19 required refusal of bail where an unacceptable risk existed, the detention application was granted and bail was refused.

Jurisdiction
Australia
Judgment Date
09 September 2015
Procedural Posture
Bail Detention Application Under S 50 of the Bail Act 2013 (nsw) / Pre Trial; Respondent Committed for Trial and Prior Trial Listing Vacated
Outcome
Application granted; bail refused.
Legal Topics
['detention Application' 'murder' 'show Cause Offence' 'unacceptable Risk' 'endangering Safety of Individuals' 'bail Conditions']
['criminal Law' 'bail'] ['detention Application' 'murder' 'show Cause Offence' 'unacceptable Risk' 'endangering Safety of Individuals' 'bail Conditions']

Case Brief

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Procedural Posture

Bail Detention Application Under S 50 of the Bail Act 2013 (nsw) / Pre Trial; Respondent Committed for Trial and Prior Trial Listing Vacated

Legal Issues

  1. 1 ['Whether the respondent had shown cause why his detention was not justified under ss 16A and 16B(1)(a) of the Bail Act 2013 (NSW).' 'Whether there was an unacceptable risk that the respondent would endanger the safety of individuals under s 19(2)(c) of the Bail Act 2013 (NSW).' "Whether the respondent's care and placement needs, including possible management at Long Bay Hospital, affected the bail determination."]

Ratio Decidendi

Although the respondent had shown cause why his detention was not justified, the evidence established an unacceptable risk that he would endanger the safety of hospital staff required to provide care to him, other patients and visitors. Because s 19 required refusal of bail where an unacceptable risk existed, the detention application was granted and bail was refused.

Court Disposition

Application granted; bail refused.

Orders

  • ['Bail refused']