R v Michael John CHRISTIAN [2009] NSWDC 375

R v Michael John CHRISTIAN [2009] NSWDC 375

Mr Christian had been convicted of a serious personal violence offence and had a prior conviction for armed robbery for which he served a prison sentence, making him a repeat offender under s 9D. His desire to attend Family Court proceedings concerning his daughter did not amount to exceptional circumstances justifying bail, so bail could not be granted.

Jurisdiction
Australia
Judgment Date
19 May 2009
Procedural Posture
Criminal Law Bail Application / Post Conviction, Pending Sentence
Outcome
The application for bail is refused.
Legal Topics
['bail Application' 'serious Personal Violence Offence' 'repeat Offender' 'exceptional Circumstances' 'break and Enter and Commit Serious Indictable Offence in Company']
['criminal Law'] ['bail Application' 'serious Personal Violence Offence' 'repeat Offender' 'exceptional Circumstances' 'break and Enter and Commit Serious Indictable Offence in Company']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Law Bail Application / Post Conviction, Pending Sentence

Legal Issues

  1. 1 ['Whether s 9D of the Bail Act 1978 applied because the offence was a serious personal violence offence and Mr Christian was a repeat offender.' "Whether Family Court proceedings concerning one of Mr Christian's daughters amounted to exceptional circumstances justifying the grant of bail."]

Ratio Decidendi

Mr Christian had been convicted of a serious personal violence offence and had a prior conviction for armed robbery for which he served a prison sentence, making him a repeat offender under s 9D. His desire to attend Family Court proceedings concerning his daughter did not amount to exceptional circumstances justifying bail, so bail could not be granted.

Court Disposition

The application for bail is refused.

Orders

  • ['The application for bail is refused.']