R v Bunt [2019] NSWSC 915

R v Bunt [2019] NSWSC 915

Although the allegations were serious and the applicant had previously failed to comply with attendance and residential bail conditions, the Court considered that conditions could be crafted to adequately meet the Crown's concerns about the victim's safety and the applicant's reappearance. The applicant was not demonstrably at risk of endangering the public or interfering with witnesses, and apart from the current allegations he had no criminal history of violence.

Jurisdiction
Australia
Judgment Date
17 July 2019
Procedural Posture
Criminal Bail Application / Application for Bail Before Arraignment; Matters Listed for Arraignment at the Gosford District Court
Outcome
Bail granted
Legal Topics
['indecent Assault' 'sexual Assault' 'bail Concerns' 'failure to Appear' 'breach of Bail Conditions' 'conditional Bail']
['criminal Law' 'bail'] ['indecent Assault' 'sexual Assault' 'bail Concerns' 'failure to Appear' 'breach of Bail Conditions' 'conditional Bail']

Case Brief

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Procedural Posture

Criminal Bail Application / Application for Bail Before Arraignment; Matters Listed for Arraignment at the Gosford District Court

Legal Issues

  1. 1 ['Whether the applicant constituted a bail concern under s 17(2) of the Bail Act 2013 (NSW).' "Whether the Crown's bail concerns about appearance, safety of the victim and community, and compliance could be ameliorated by appropriate bail conditions."]

Ratio Decidendi

Although the allegations were serious and the applicant had previously failed to comply with attendance and residential bail conditions, the Court considered that conditions could be crafted to adequately meet the Crown's concerns about the victim's safety and the applicant's reappearance. The applicant was not demonstrably at risk of endangering the public or interfering with witnesses, and apart from the current allegations he had no criminal history of violence.

Court Disposition

Bail granted

Orders

  • ['The applicant is to be of good behaviour.' 'The applicant is to reside at XX James Street, Windale.' 'The applicant is to report to Belmont Police Station daily between the hours of 8am and 8pm.' 'The applicant is to appear at Gosford District Court on 1 August 2019 and thereafter as required.' 'The applicant is...