R v Cornwell [2016] NSWSC 767

R v Cornwell [2016] NSWSC 767

Although there were legitimate concerns about the applicant's appearance, possible offending on bail, and community safety, those risks did not rise to an unacceptable risk under s 19 when assessed against the s 18 considerations, including serious factual issues in the Crown case, the applicant's Huntington's disease and special needs, community ties, likely remand time, and the availability of stringent conditions including daily reporting.

Jurisdiction
Australia
Judgment Date
14 June 2016
Procedural Posture
Criminal Bail Application / Bail Application
Outcome
Bail granted with conditions.
Legal Topics
['bail' 'unacceptable Risk' 'show Cause Offences' 'sexual Intercourse Without Consent' 'assault With Act of Indecency' 'resisting Police' "huntington's Disease"]
['criminal Law'] ['bail' 'unacceptable Risk' 'show Cause Offences' 'sexual Intercourse Without Consent' 'assault With Act of Indecency' 'resisting Police' "huntington's Disease"]

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Procedural Posture

Criminal Bail Application / Bail Application

Legal Issues

  1. 1 ['Whether bail concerns as to non-appearance, commission of a serious offence, community safety, and interfering with witnesses gave rise to an unacceptable risk.' 'Whether any risks could be managed by bail conditions.' "Whether the strength of the prosecution case and the applicant's Huntington's disease affected the assessment of risk."]

Ratio Decidendi

Although there were legitimate concerns about the applicant's appearance, possible offending on bail, and community safety, those risks did not rise to an unacceptable risk under s 19 when assessed against the s 18 considerations, including serious factual issues in the Crown case, the applicant's Huntington's disease and special needs, community ties, likely remand time, and the availability of stringent conditions including daily reporting.

Court Disposition

Bail granted with conditions.

Orders

  • ['Bail granted with conditions.']