Regina v Magrin [2004] NSWCA 354

Regina v Magrin [2004] NSWCA 354

The District Court erred in granting bail; s 9D(1) Bail Act 1978 applied, requiring exceptional circumstances for bail to be granted to repeat offenders convicted of serious personal violence offences. The respondent's prior conviction was properly considered, and no exceptional circumstances justified bail.

Jurisdiction
Australia
Judgment Date
23 September 2004
Procedural Posture
Criminal / Crown Appeal Against Grant of Bail After Conviction Before Sentencing
Outcome
Appeal allowed, bail revoked, respondent remanded in custody for sentencing
Legal Topics
['bail' 'sexual Offences Against Children' 'repeat Offender Provisions' 'presumption Against Bail']
['criminal Law'] ['bail' 'sexual Offences Against Children' 'repeat Offender Provisions' 'presumption Against Bail']

Case Brief

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Procedural Posture

Criminal / Crown Appeal Against Grant of Bail After Conviction Before Sentencing

Legal Issues

  1. 1 ['Whether s 9D of the Bail Act 1978 was correctly applied by the District Court in granting bail to a convicted repeat offender of a serious personal violence offence' "Whether the reasons given for granting bail amounted to 'exceptional circumstances' as required under s 9D(1)" "Whether the respondent's prior conviction could be considered for bail purposes despite its age and possible status as a 'spent conviction'"]

Ratio Decidendi

The District Court erred in granting bail; s 9D(1) Bail Act 1978 applied, requiring exceptional circumstances for bail to be granted to repeat offenders convicted of serious personal violence offences. The respondent's prior conviction was properly considered, and no exceptional circumstances justified bail.

Court Disposition

Appeal allowed, bail revoked, respondent remanded in custody for sentencing

Orders

  • ['Allow the Crown application' 'Revoke the order for bail' 'Remand the Respondent in custody to appear before his Honour Judge Ellis for sentencing upon the date to which he is currently remanded or upon such other date as the District Court may set']