R v RS [2011] NSWSC 103

R v RS [2011] NSWSC 103

The application for review of the respondent's bail was refused because, despite the strength of the Crown case and concerns for community protection, the delay in the proceedings was inordinate and constituted exceptional circumstances; additionally, the respondent demonstrated compliance with bail conditions and had ties to the community.

Parties
Applicant: Regina; Respondent: RS
Jurisdiction
Australia
Judgment Date
28 February 2011
Procedural Posture
Crown Application for Review of Bail / Decision on Application for Review of Bail
Outcome
Application for review of bail refused. Bail to continue with additional conditions.
Legal Topics
Bail, Conspiracy to Import Border Controlled Substances, Supply of Commercial Quantity of Prohibited Drug, Possession of Ammunition, Delay in Proceedings
Criminal Law Bail Conspiracy to Import Border Controlled Substances Supply of Commercial Quantity of Prohibited Drug Possession of Ammunition Delay in Proceedings

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Parties

Regina

Applicant

RS

Respondent

Procedural Posture

Crown Application for Review of Bail / Decision on Application for Review of Bail

Legal Issues

  1. 1 Whether review of respondent's bail should be allowed
  2. 2 Assessment of the strength of the Crown case
  3. 3 Probability that respondent will attend court

Ratio Decidendi

The application for review of the respondent's bail was refused because, despite the strength of the Crown case and concerns for community protection, the delay in the proceedings was inordinate and constituted exceptional circumstances; additionally, the respondent demonstrated compliance with bail conditions and had ties to the community.

Court Disposition

Application for review of bail refused. Bail to continue with additional conditions.

Orders

  • Bail to continue with specified conditions, including: appearance at court on set date, good behaviour, daily reporting to police, residence and curfew requirements, communication restrictions, ban on overseas travel and new travel documents, restriction to area specified, restricted use of phones and internet,...