R v Barry [2014] NSWSC 1970

R v Barry [2014] NSWSC 1970

Although the applicant posed unacceptable risks of the kind identified by the Crown, those risks could be sufficiently mitigated by strict bail conditions requiring participation in the Salvation Army Bridge program, and s 12(3) permitted bail to be granted for a specified period from 2 June until the applicant ceased participating in the program.

Jurisdiction
Australia
Judgment Date
28 May 2014
Procedural Posture
Criminal Bail Application / Ex Tempore Judgment
Outcome
Bail granted
Legal Topics
['application for Bail' 'unacceptable Risk' 'bail Conditions' 'residential Rehabilitation Program' 'specified Period of Bail']
['criminal Law' 'bail'] ['application for Bail' 'unacceptable Risk' 'bail Conditions' 'residential Rehabilitation Program' 'specified Period of Bail']

Case Brief

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Procedural Posture

Criminal Bail Application / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether bail should be granted to the applicant under the Bail Act 2013 (NSW).' 'Whether risks concerning appearance, commission of a serious offence and safety of the victim, individuals and community could be sufficiently mitigated by bail conditions.' 'Whether bail could be granted for a specified period under s 12(3) where a rehabilitation program bed was not available until 2 June.']

Ratio Decidendi

Although the applicant posed unacceptable risks of the kind identified by the Crown, those risks could be sufficiently mitigated by strict bail conditions requiring participation in the Salvation Army Bridge program, and s 12(3) permitted bail to be granted for a specified period from 2 June until the applicant ceased participating in the program.

Court Disposition

Bail granted

Orders

  • ['The application for bail is granted on strict conditions.' 'Bail is granted for a specified period from 2 June until the applicant ceases participating in the Salvation Army Bridge program.']