R v Mulvihill [2013] NSWSC 1190

R v Mulvihill [2013] NSWSC 1190

Exceptional circumstances justifying the grant of bail exist due to the applicant's lack of flight risk, the absence of threat to the community, the necessity for liberty to conduct family court matters, and the exceptional stringency of proposed bail conditions. The strength of the Crown case, while enhanced, is not overwhelming.

Jurisdiction
Australia
Judgment Date
27 August 2013
Procedural Posture
Bail Application (murder) / Decision on Conditional Bail Pending Trial
Outcome
Conditional bail granted
Legal Topics
['bail' 'murder' 'exceptional Circumstances']
['criminal Law'] ['bail' 'murder' 'exceptional Circumstances']

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Procedural Posture

Bail Application (murder) / Decision on Conditional Bail Pending Trial

Legal Issues

  1. 1 ['Whether exceptional circumstances exist to justify bail for a person charged with murder under Bail Act 1978']

Ratio Decidendi

Exceptional circumstances justifying the grant of bail exist due to the applicant's lack of flight risk, the absence of threat to the community, the necessity for liberty to conduct family court matters, and the exceptional stringency of proposed bail conditions. The strength of the Crown case, while enhanced, is not overwhelming.

Court Disposition

Conditional bail granted

Orders

  • ['Applicant to enter into agreements to forfeit substantial amounts if bail conditions are breached.' 'Multiple sureties to deposit and forfeit sums aggregating $755,000 if bail is breached.' 'Applicant to report twice daily to the police station.' 'Residence and curfew conditions imposed.' 'Movement log and...