M v R [2015] NSWSC 138

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

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Procedural Posture

Bail Application / Application for Release; Decision on Bail

  1. 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']