R v Young [2006] NSWSC 1499

R v Young [2006] NSWSC 1499

Exceptional circumstances under s.9C Bail Act 1978 were established by the combination of unusual features in the nature of the murder charge, issues concerning proof of the mental element of murder, the applicant's youth, employment, lack of prior criminal history, family and community ties, good character, and the Court's satisfaction that he posed no further threat to the community. The other bail factors, including those under s.32, substantially favoured the applicant and risks could be addressed by stringent conditions, so conditional bail was granted.

Jurisdiction
Australia
Judgment Date
28 April 2006
Procedural Posture
Bail Application / Application for Bail in the Supreme Court of New South Wales; Applicant Charged With Murder, Failing to Stop and Assist After a Vehicle Impact Causing Death, and Driving With the High Range Prescribed Concentration of Alcohol, With Next Mention in Newcastle Local Court on 24 May 2006
Outcome
Conditional bail granted.
Legal Topics
['murder Charge' 'exceptional Circumstances Under S.9 C Bail Act 1978' 'conditional Bail' 'risk of Non Appearance' 'community Safety']
['criminal Law' 'bail'] ['murder Charge' 'exceptional Circumstances Under S.9 C Bail Act 1978' 'conditional Bail' 'risk of Non Appearance' 'community Safety']

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Procedural Posture

Bail Application / Application for Bail in the Supreme Court of New South Wales; Applicant Charged With Murder, Failing to Stop and Assist After a Vehicle Impact Causing Death, and Driving With the High Range Prescribed Concentration of Alcohol, With Next Mention in Newcastle Local Court on 24 May 2006

Legal Issues

  1. 1 ['Whether, because the applicant was charged with murder, exceptional circumstances justified the grant of bail under s.9C Bail Act 1978.' 'Whether other factors relevant to bail, including matters under s.32 of the Bail Act 1978, favoured release on conditions.' 'Whether the applicant posed a further threat to the community or a significant risk of failing to appear.']

Ratio Decidendi

Exceptional circumstances under s.9C Bail Act 1978 were established by the combination of unusual features in the nature of the murder charge, issues concerning proof of the mental element of murder, the applicant's youth, employment, lack of prior criminal history, family and community ties, good character, and the Court's satisfaction that he posed no further threat to the community. The other bail factors, including those under s.32, substantially favoured the applicant and risks could be addressed by stringent conditions, so conditional bail was granted.

Court Disposition

Conditional bail granted.

Orders

  • ['Bail granted in respect of the offences of murder, failing to stop and assist after vehicle impact causing death, and driving with the high range prescribed concentration of alcohol.' 'The applicant must appear at Newcastle Local Court on 24 May 2006 and from time to time thereafter as required.' 'The applicant...