R v McCormack [2015] NSWCCA 221

R v McCormack [2015] NSWCCA 221

The Court found that, although the charges are serious, the decision of the prosecution not to proceed on indictment, the respondent's age, lack of violent history, ongoing health issues, compliance with bail, and the prospect of extended pre-sentence custody established that detention was not justified. Subsequently, the Court was satisfied there were no unacceptable risks presented by continuing the respondent's bail with additional conditions.

Jurisdiction
Australia
Judgment Date
17 August 2015
Procedural Posture
Bail/detention Application / Decision on Detention Application
Outcome
Detention application refused; bail continued with additional conditions
Legal Topics
['bail' 'show Cause Offence' 'detention Application' 'bail Concerns']
['criminal Law'] ['bail' 'show Cause Offence' 'detention Application' 'bail Concerns']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bail/detention Application / Decision on Detention Application

Legal Issues

  1. 1 ['Whether the respondent has shown cause why detention is not justified for show cause offences under the Bail Act 2013 (NSW)' 'Whether there are unacceptable bail concerns under the Bail Act 2013 (NSW)']

Ratio Decidendi

The Court found that, although the charges are serious, the decision of the prosecution not to proceed on indictment, the respondent's age, lack of violent history, ongoing health issues, compliance with bail, and the prospect of extended pre-sentence custody established that detention was not justified. Subsequently, the Court was satisfied there were no unacceptable risks presented by continuing the respondent's bail with additional conditions.

Court Disposition

Detention application refused; bail continued with additional conditions

Orders

  • ['Detention application refused' "Conditional bail for the respondent continued with two additional conditions: not to go within 10 kilometres of the Old Bradley's Saw Mill at Gwabegar; not to approach or seek to contact in any way any Crown witnesses, except through legal advisors"]