R v Williams [2020] NSWCCA 348

R v Williams [2020] NSWCCA 348

Special or exceptional circumstances were found based on the cumulative effect of reasonably arguable grounds of appeal, failure to afford recommended medical treatment for PTSD in custody, and applicant's status as a strong bail candidate with manageable risks. Conditional bail pending appeal granted as no unacceptable risk was assessed.

Parties
Applicant: Michael Williams; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Criminal Appeal / Application for Conditional Bail Pending Appeal
Outcome
Conditional bail granted pending appeal
Legal Topics
Bail, Appeals, Sexual Offences, Post Traumatic Stress Disorder in Custody, DNA Evidence, Reliability of Evidence
Criminal Law Bail Appeals Sexual Offences Post Traumatic Stress Disorder in Custody DNA Evidence Reliability of Evidence

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Parties

Michael Williams

Applicant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Application for Conditional Bail Pending Appeal

Legal Issues

  1. 1 Whether special or exceptional circumstances exist justifying release on bail pending appeal
  2. 2 Whether appellant made out reasonably arguable grounds of appeal
  3. 3 Failure to provide proper medical treatment in custody as a factor

Ratio Decidendi

Special or exceptional circumstances were found based on the cumulative effect of reasonably arguable grounds of appeal, failure to afford recommended medical treatment for PTSD in custody, and applicant's status as a strong bail candidate with manageable risks. Conditional bail pending appeal granted as no unacceptable risk was assessed.

Court Disposition

Conditional bail granted pending appeal

Orders

  • Bail granted subject to conditions: (1) of good behaviour; (2) reside with parents at designated address; (3) report to Yamba Police Station on specified days; (4) appear for appeal hearing and thereafter as required; (5) not to consume alcohol; (6) not communicate with Crown witnesses including complainant and...