Viavattene v R [2016] NSWCCA 87

Viavattene v R [2016] NSWCCA 87

Delay before trial is likely to exceed any likely custodial sentence, and bail concerns regarding failure to appear and danger to the alleged victim can be adequately addressed by strict bail conditions; therefore, bail should be granted.

Jurisdiction
Australia
Judgment Date
11 May 2016
Procedural Posture
Bail Application / Appeal/review Before Court of Criminal Appeal
Outcome
bail granted
Legal Topics
['bail' 'robbery' 'assessment of Bail Concerns' 'likelihood of Custodial Sentence' 'bail Conditions']
['criminal Law'] ['bail' 'robbery' 'assessment of Bail Concerns' 'likelihood of Custodial Sentence' 'bail Conditions']

Case Brief

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Procedural Posture

Bail Application / Appeal/review Before Court of Criminal Appeal

Legal Issues

  1. 1 ['whether bail should be granted to the applicant accused of robbery' 'assessment of bail concerns including risk of failure to appear, danger to victims, and interference with witnesses' 'whether the period of remand is likely to exceed any custodial sentence']

Ratio Decidendi

Delay before trial is likely to exceed any likely custodial sentence, and bail concerns regarding failure to appear and danger to the alleged victim can be adequately addressed by strict bail conditions; therefore, bail should be granted.

Court Disposition

bail granted

Orders

  • ['Applicant to appear at Local Court at Lismore on 21 June 2016 and thereafter as required' 'Applicant to enter agreement to forfeit $5000 if he fails to appear' 'Applicant to be of good behaviour' 'Applicant not to contact Ms Rebecca Mason, Mr David McKinnon or their children except via legal representative'...