Raad v R [2015] NSWSC 532

Raad v R [2015] NSWSC 532

The applicant showed cause because the evidence, if accepted, would reveal that he had been wrongly accused, but the material also demonstrated an unacceptable risk of interference with witnesses or evidence. In particular, the applicant would reside with his step-daughter 'B', a witness central to the new material, and the risk could not appropriately be met by conditions. Bail was therefore refused.

Jurisdiction
Australia
Judgment Date
12 February 2015
Procedural Posture
Bail Release Application / Release Application Before the Supreme Court of New South Wales; Charges Remained in the Magistrates Court
Outcome
Release application refused
Legal Topics
['show Cause Requirement' 'unacceptable Risk' 'firearms Offences' 'interference With Witnesses or Evidence']
['criminal Law' 'bail'] ['show Cause Requirement' 'unacceptable Risk' 'firearms Offences' 'interference With Witnesses or Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bail Release Application / Release Application Before the Supreme Court of New South Wales; Charges Remained in the Magistrates Court

Legal Issues

  1. 1 ['Whether the applicant showed cause why his detention was not justified for a show cause offence under the Bail Act 2013.' 'Whether any bail concerns gave rise to an unacceptable risk, particularly the risk of interference with witnesses or evidence.' 'Whether any unacceptable risk could be adequately addressed by bail conditions.']

Ratio Decidendi

The applicant showed cause because the evidence, if accepted, would reveal that he had been wrongly accused, but the material also demonstrated an unacceptable risk of interference with witnesses or evidence. In particular, the applicant would reside with his step-daughter 'B', a witness central to the new material, and the risk could not appropriately be met by conditions. Bail was therefore refused.

Court Disposition

Release application refused

Orders

  • ['Bail is refused.']