R v Michael John BROWN [2013] NSWCCA 178

R v Michael John BROWN [2013] NSWCCA 178

The court held that despite the respondent's proposed bail conditions, community ties, and factors presented, the circumstances were not sufficiently exceptional, given ongoing risks to the victim and community, and inability to adequately supervise the respondent, to satisfy the statutory requirement for the grant of bail to a repeat offender under s 9D of the Bail Act 1978. Bail was therefore refused.

Parties
Crown: Regina; Respondent: Michael John BROWN
Jurisdiction
Australia
Judgment Date
02 August 2013
Procedural Posture
Bail Review / Decision on Bail Review
Outcome
Bail refused
Legal Topics
Bail, Exceptional Circumstances, Protection of Alleged Victim, Interpretation of Bail Act 1978
Criminal Law Criminal Procedure Bail Exceptional Circumstances Protection of Alleged Victim Interpretation of Bail Act 1978

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

Michael John BROWN

Respondent

Procedural Posture

Bail Review / Decision on Bail Review

Legal Issues

  1. 1 Whether exceptional circumstances justify the grant of bail under s 9D of the Bail Act 1978 for a repeat offender charged with a serious personal violence offence

Ratio Decidendi

The court held that despite the respondent's proposed bail conditions, community ties, and factors presented, the circumstances were not sufficiently exceptional, given ongoing risks to the victim and community, and inability to adequately supervise the respondent, to satisfy the statutory requirement for the grant of bail to a repeat offender under s 9D of the Bail Act 1978. Bail was therefore refused.

Court Disposition

Bail refused

Orders

  • Application for review of bail granted by lower court is allowed; bail is refused