R v Viavattene [2016] NSWSC 299

R v Viavattene [2016] NSWSC 299

Mr Viavattene had no right to immediate release on bail under the Bail Act 2013 (NSW), the Crown was entitled to be heard, no basis for further expedition beyond the already expedited hearing date was established, and the other orders sought concerned Local Court matters that this Court would not determine.

Jurisdiction
Australia
Judgment Date
18 March 2016
Procedural Posture
Criminal Bail Application; Notice of Motion / Application for Further Expedited Bail Hearing and Immediate Release on Bail
Outcome
Matter adjourned to 6 April 2016 for bail hearing.
Legal Topics
['expedited Bail Hearing' 'right to Release on Bail' 'robbery Charge' 'orders Concerning Local Court Proceedings']
['criminal Law' 'criminal Procedure' 'bail'] ['expedited Bail Hearing' 'right to Release on Bail' 'robbery Charge' 'orders Concerning Local Court Proceedings']

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Procedural Posture

Criminal Bail Application; Notice of Motion / Application for Further Expedited Bail Hearing and Immediate Release on Bail

Legal Issues

  1. 1 ['Whether the applicant had a right to release on bail under the Bail Act 2013 (NSW).' "Whether there was a basis to further expedite the hearing of the applicant's bail application." 'Whether the Court should make orders for immediate release on bail or orders concerning the conduct of proceedings in the Local Court.']

Ratio Decidendi

Mr Viavattene had no right to immediate release on bail under the Bail Act 2013 (NSW), the Crown was entitled to be heard, no basis for further expedition beyond the already expedited hearing date was established, and the other orders sought concerned Local Court matters that this Court would not determine.

Court Disposition

Matter adjourned to 6 April 2016 for bail hearing.

Orders

  • ['The bail application was adjourned for hearing on 6 April 2016.' 'Further expedition was refused.' 'The application for immediate release on bail was not granted.' 'The Court declined to entertain orders concerning the conduct of proceedings in the Local Court.']