REGINA v Robert Darren McLEOD [2002] NSWCA 420

REGINA v Robert Darren McLEOD [2002] NSWCA 420

A case for the grant of bail was not established because a further custodial sentence was likely, the applicant presented a significant risk of continuing offences affecting public welfare having regard to his criminal record, he had failed to cooperate with Probation and Parole, and remaining in custody would help ensure the sentencing court obtained a proper Probation and Parole report.

Jurisdiction
Australia
Judgment Date
03 December 2002
Procedural Posture
Criminal Bail Application / Application for Bail Pursuant to S 28 of the Bail Act After Guilty Plea and Revocation of Bail Pending Sentence in the District Court
Outcome
Application refused.
Legal Topics
['bail' 'aggravated Robbery' 'sentencing Pending Guilty Plea' 'risk of Reoffending' 'failure to Attend Court' 'pre Sentence Report']
['criminal Law'] ['bail' 'aggravated Robbery' 'sentencing Pending Guilty Plea' 'risk of Reoffending' 'failure to Attend Court' 'pre Sentence Report']

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Procedural Posture

Criminal Bail Application / Application for Bail Pursuant to S 28 of the Bail Act After Guilty Plea and Revocation of Bail Pending Sentence in the District Court

Legal Issues

  1. 1 ['Whether the applicant should be granted bail pending sentencing for aggravated robbery.' 'Whether factors including probable custodial sentence, protection of the community, failure to cooperate with Probation and Parole, and risk of non-attendance justified refusing bail.']

Ratio Decidendi

A case for the grant of bail was not established because a further custodial sentence was likely, the applicant presented a significant risk of continuing offences affecting public welfare having regard to his criminal record, he had failed to cooperate with Probation and Parole, and remaining in custody would help ensure the sentencing court obtained a proper Probation and Parole report.

Court Disposition

Application refused.

Orders

  • ['The application is refused.']