R v Li [2019] NSWSC 1237

R v Li [2019] NSWSC 1237

The only bail concern of substance is the potential for the applicant to reveal the whereabouts of Witness B, but this is not supported by evidence or Mr Li's predispositions. Other concerns such as risk of failing to appear or committing offences are modest and can be mitigated by appropriate bail conditions, including a significant surety. Consequently, the applicant does not present an unacceptable risk if released on bail subject to those conditions.

Jurisdiction
Australia
Judgment Date
19 September 2019
Procedural Posture
Bail Application / Supreme Court Decision on Bail
Outcome
Bail granted subject to conditions
Legal Topics
['bail' 'unacceptable Risk' 'bail Conditions']
['criminal Law'] ['bail' 'unacceptable Risk' 'bail Conditions']

Case Brief

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Procedural Posture

Bail Application / Supreme Court Decision on Bail

Legal Issues

  1. 1 ['Whether the applicant presents an unacceptable risk if released on bail' "Whether the Crown's bail concerns can be mitigated by appropriate conditions"]

Ratio Decidendi

The only bail concern of substance is the potential for the applicant to reveal the whereabouts of Witness B, but this is not supported by evidence or Mr Li's predispositions. Other concerns such as risk of failing to appear or committing offences are modest and can be mitigated by appropriate bail conditions, including a significant surety. Consequently, the applicant does not present an unacceptable risk if released on bail subject to those conditions.

Court Disposition

Bail granted subject to conditions

Orders

  • ['Applicant to be of good behaviour' 'Applicant to reside at specified address in Sans Souci' 'Applicant to report daily to Kogarah Police Station' 'Applicant to appear at the Supreme Court of New South Wales on 4 October 2019 and as required' 'Applicant not to take illegal or non-prescribed drugs' 'Applicant to...