R v AC (No 3) (Detention application) [2016] NSWSC 209

R v AC (No 3) (Detention application) [2016] NSWSC 209

Although the offences were extremely serious, the respondent had pleaded guilty, and a long custodial sentence was inevitable, the combination of her lengthy and complete compliance with stringent bail conditions, the substantial surety, her extensive proposed assistance against co-accused, her separation from the criminal group, possible danger to her on remand, the short period until sentence, and the likelihood that remand would delay sentencing and the co-accused trial established on balance that her detention was not justified. The identified bail concerns did not amount to unacceptable risks because the existing onerous conditions, with an added enforcement condition, sufficiently...

Jurisdiction
Australia
Judgment Date
08 March 2016
Procedural Posture
Criminal Detention Application Under S 50 of the Bail Act 2013 (nsw) After Pleas of Guilty / Post Plea Bail Determination Before Sentencing
Outcome
Detention application refused; conditional bail affirmed; additional enforcement condition imposed.
Legal Topics
['show Cause Offences' 'detention Application' 'unacceptable Risk Test' 'conditional Bail' 'accessory Before the Fact to Murder' 'assistance to the Crown']
['criminal Law' 'bail'] ['show Cause Offences' 'detention Application' 'unacceptable Risk Test' 'conditional Bail' 'accessory Before the Fact to Murder' 'assistance to the Crown']

Case Brief

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Procedural Posture

Criminal Detention Application Under S 50 of the Bail Act 2013 (nsw) After Pleas of Guilty / Post Plea Bail Determination Before Sentencing

Legal Issues

  1. 1 ['Whether the respondent had shown cause why her continued detention was not justified after pleading guilty to serious offences carrying an inevitable lengthy custodial sentence.' 'Whether identified bail concerns amounted to unacceptable risks under the Bail Act 2013 (NSW).' 'Whether delay in sentencing and consequent delay to the trial of co-accused could be considered in determining the show cause requirement.' "Whether stringent bail conditions, past compliance, surety, and the respondent's offer to give evidence against co-accused justified continuation of bail."]

Ratio Decidendi

Although the offences were extremely serious, the respondent had pleaded guilty, and a long custodial sentence was inevitable, the combination of her lengthy and complete compliance with stringent bail conditions, the substantial surety, her extensive proposed assistance against co-accused, her separation from the criminal group, possible danger to her on remand, the short period until sentence, and the likelihood that remand would delay sentencing and the co-accused trial established on balance that her detention was not justified. The identified bail concerns did not amount to unacceptable risks because the existing onerous conditions, with an added enforcement condition, sufficiently...

Court Disposition

Detention application refused; conditional bail affirmed; additional enforcement condition imposed.

Orders

  • ['Detention application refused.' 'Pursuant to s 50(4), the current bail is affirmed and varied by imposing an enforcement condition relative to the curfew or house arrest condition.' 'The respondent is to present herself at the front door of her premises at the direction of any police officer to confirm compliance...