See v R [2023] NSWDC 465

See v R [2023] NSWDC 465

Bail was granted as the applicant demonstrated sufficient grounds to require liberty for trial preparation, particularly due to lack of served expert DNA evidence, despite his history and the need to show cause under the Bail Act.

Parties
Applicant: Phillip Ryan See; Respondent: Crown (NSW)
Jurisdiction
Australia
Judgment Date
26 July 2023
Procedural Posture
Bail Application / Decision on Bail Application
Outcome
Bail granted subject to conditions and parole grant by Parole Board.
Legal Topics
Bail, Break, Enter and Steal Offences, Parole Conditions
Criminal Law Procedure Bail Break, Enter and Steal Offences Parole Conditions

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Parties

Phillip Ryan See

Applicant

Crown (NSW)

Respondent

Procedural Posture

Bail Application / Decision on Bail Application

Legal Issues

  1. 1 Whether bail should be granted for an accused charged with break, enter and steal offences who remains on parole.

Ratio Decidendi

Bail was granted as the applicant demonstrated sufficient grounds to require liberty for trial preparation, particularly due to lack of served expert DNA evidence, despite his history and the need to show cause under the Bail Act.

Court Disposition

Bail granted subject to conditions and parole grant by Parole Board.

Orders

  • Bail granted subject to Parole Board granting parole pursuant to sentence by Arnott DCJ.
  • Bail conditions: applicant to be of good behaviour; reside at Oaks Sydney North Ryde Suites; curfew 9pm–5am; father's surety of $3,000; uncle's surety of $12,000; report to Chatswood Police Station every Mon/Wed/Fri between 8am–8pm; attend readiness hearing, trial callover, and trial as specified.