R v AC (No 2) [2016] NSWSC 208

R v AC (No 2) [2016] NSWSC 208

Because Witness M had just entered guilty pleas and her representative was entitled to some time to prepare for the Crown's detention application, a short adjournment was appropriate. Bail was continued in the interim, but the previous house arrest condition was reinstated to address the risks identified by the Crown.

Jurisdiction
Australia
Judgment Date
03 March 2016
Procedural Posture
Criminal Detention Application After Guilty Plea / Detention Application Adjourned; Bail Continued With Varied Condition
Outcome
Bail to continue; condition 10 varied; detention application adjourned.
Legal Topics
['detention Application' 'reasonable Notice' 'bail Conditions' 'adjournment After Guilty Plea']
['criminal Law' 'bail'] ['detention Application' 'reasonable Notice' 'bail Conditions' 'adjournment After Guilty Plea']

Case Brief

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Procedural Posture

Criminal Detention Application After Guilty Plea / Detention Application Adjourned; Bail Continued With Varied Condition

Legal Issues

  1. 1 ["Whether the Crown's detention application should be heard immediately after Witness M's guilty plea or adjourned to allow reasonable preparation." "Whether Witness M's bail should continue pending the adjourned detention application and on what conditions."]

Ratio Decidendi

Because Witness M had just entered guilty pleas and her representative was entitled to some time to prepare for the Crown's detention application, a short adjournment was appropriate. Bail was continued in the interim, but the previous house arrest condition was reinstated to address the risks identified by the Crown.

Court Disposition

Bail to continue; condition 10 varied; detention application adjourned.

Orders

  • ['The detention application is adjourned until Tuesday 8 March 2016 at 10am.' "Witness M's current bail is continued pending the adjourned detention application." 'Condition 10 is varied to reinstate the house arrest condition.' 'Witness M is not to leave residential premises for any reason except to report to the...