Brooks v R [2021] NSWCCA 195

Brooks v R [2021] NSWCCA 195

The Court concluded that, with stringent conditions including reporting, surrender of passport, residency requirements, no-contact orders, and $50,000 security, there was not an unacceptable risk that the applicant would fail to appear. Conditional bail was therefore granted.

Parties
Applicant: Raymond Anthony Brooks; Respondent: Regina
Jurisdiction
Australia
Judgment Date
18 August 2021
Procedural Posture
Bail Application / Court of Criminal Appeal Supreme Court Determination
Outcome
Bail granted subject to conditions
Legal Topics
Bail Application, Unacceptable Risk, Sexual Offences, Conditional Bail, Delay Due to COVID 19
Criminal Law Bail Bail Application Unacceptable Risk Sexual Offences Conditional Bail Delay Due to COVID 19

Case Brief

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Parties

Raymond Anthony Brooks

Applicant

Regina

Respondent

Procedural Posture

Bail Application / Court of Criminal Appeal Supreme Court Determination

Legal Issues

  1. 1 Whether unacceptable risk exists that applicant will fail to appear at trial
  2. 2 Whether bail conditions can adequately address bail concerns
  3. 3 Nature and seriousness of offences

Ratio Decidendi

The Court concluded that, with stringent conditions including reporting, surrender of passport, residency requirements, no-contact orders, and $50,000 security, there was not an unacceptable risk that the applicant would fail to appear. Conditional bail was therefore granted.

Court Disposition

Bail granted subject to conditions

Orders

  • Be of good behaviour
  • Appear at Central Local Court on 23 September 2021 and thereafter as required