Bertucci v Director of Public Prosecutions (Commonwealth) [2021] NSWSC 240

Bertucci v Director of Public Prosecutions (Commonwealth) [2021] NSWSC 240

Considering the alleged seriousness and sophistication of the importation, the commercial quantity of methamphetamine, the very strong prosecution case based particularly on material found on the applicant's laptop and devices, the likely sentence if convicted, the likely but not unusual delay before trial, the applicant's family circumstances, and the proposed surety and stringent bail conditions, the applicant did not discharge the onus of showing cause why his detention was not justified.

Jurisdiction
Australia
Judgment Date
17 March 2021
Procedural Posture
Criminal Bail Release Application / Supreme Court Release Application After Unsuccessful Local Court Release Application
Outcome
Release application dismissed; bail refused.
Legal Topics
['bail' 'show Cause Requirement' 'unacceptable Risk' 'drug Importation' 'delay' 'strength of Prosecution Case' 'family Circumstances' 'electronic Monitoring' 'surety']
['criminal Law'] ['bail' 'show Cause Requirement' 'unacceptable Risk' 'drug Importation' 'delay' 'strength of Prosecution Case' 'family Circumstances' 'electronic Monitoring' 'surety']

Case Brief

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Procedural Posture

Criminal Bail Release Application / Supreme Court Release Application After Unsuccessful Local Court Release Application

Legal Issues

  1. 1 ['Whether the applicant showed cause under s 16B(1)(g) of the Bail Act 2013 (NSW) why his detention was not justified.' 'Whether the combination of the circumstantial nature of the prosecution case, likely delay, family circumstances, proposed stringent bail conditions, electronic monitoring and surety justified release on bail.' 'The relevance of the strength of the prosecution case and seriousness of the alleged importation to the show cause assessment.']

Ratio Decidendi

Considering the alleged seriousness and sophistication of the importation, the commercial quantity of methamphetamine, the very strong prosecution case based particularly on material found on the applicant's laptop and devices, the likely sentence if convicted, the likely but not unusual delay before trial, the applicant's family circumstances, and the proposed surety and stringent bail conditions, the applicant did not discharge the onus of showing cause why his detention was not justified.

Court Disposition

Release application dismissed; bail refused.

Orders

  • ['The release application is dismissed.' 'Bail is refused.']