M v R [2015] NSWSC 138
The applicant failed to show cause why detention is not justified because there are unacceptable risks that cannot be mitigated by bail conditions: risk of failing to appear, endangering safety, and interfering with witnesses or evidence. Accordingly, bail must be refused under s 19 of the Bail Act 2013 (NSW).
- Jurisdiction
- Australia
- Judgment Date
- 18 February 2015
- Procedural Posture
- Bail Application / Application for Release; Decision on Bail
- Outcome
- Release application refused
- Legal Topics
- ['bail' 'show Cause Requirement' 'unacceptable Risk' 'risk Assessment']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Bail Application / Application for Release; Decision on Bail
Legal Issues
- 1 ['Whether the applicant has shown cause why detention is not justified under the Bail Act 2013 (NSW)' 'Whether there are unacceptable risks preventing the grant of bail']
Ratio Decidendi
The applicant failed to show cause why detention is not justified because there are unacceptable risks that cannot be mitigated by bail conditions: risk of failing to appear, endangering safety, and interfering with witnesses or evidence. Accordingly, bail must be refused under s 19 of the Bail Act 2013 (NSW).
Court Disposition
Release application refused
Orders
- ['Bail application refused']
Full Case Text
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