Viavattene v R [2018] NSWCCA 197

Viavattene v R [2018] NSWCCA 197

The applicant failed to show cause why his detention was not justified under the Bail Act, considering the circumstances of the offences, nature of conduct, risks posed to victims, and lack of substantial grounds for appeal. Bail is refused and release application dismissed.

Jurisdiction
Australia
Judgment Date
05 September 2018
Procedural Posture
Criminal / Bail Application Pending Appeal
Outcome
Release application dismissed; bail refused.
Legal Topics
['bail' 'release Application' 'intimidation Offences' 'show Cause' 'prospects of Appeal']
['criminal Law'] ['bail' 'release Application' 'intimidation Offences' 'show Cause' 'prospects of Appeal']

Case Brief

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Procedural Posture

Criminal / Bail Application Pending Appeal

Legal Issues

  1. 1 ['Whether cause has been shown to justify release on bail pending appeal' "Whether applicant's conduct constituted intimidation under s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007" 'Whether contravention of apprehended violence order occurred' 'Strength of grounds of appeal']

Ratio Decidendi

The applicant failed to show cause why his detention was not justified under the Bail Act, considering the circumstances of the offences, nature of conduct, risks posed to victims, and lack of substantial grounds for appeal. Bail is refused and release application dismissed.

Court Disposition

Release application dismissed; bail refused.

Orders

  • ['Release application dismissed.' 'Bail refused.']