R v Rodney BOATSWAIN [2015] NSWSC 878

R v Rodney BOATSWAIN [2015] NSWSC 878

Despite the gravity of the charge and the reasonably strong Crown case, the applicant has shown cause why his detention is not justified due to his terminal illness and high likelihood of dying before trial. The risks of absconding or interfering with witnesses or committing a serious offence can be reduced to acceptable levels through stringent bail conditions amounting to house arrest with significant surety.

Jurisdiction
Australia
Judgment Date
02 July 2015
Procedural Posture
Criminal Bail Application / Bail Determination
Outcome
Bail granted with conditions
Legal Topics
['bail' 'murder Charge' 'show Cause Offences' 'terminal Illness and Custody']
['criminal Law'] ['bail' 'murder Charge' 'show Cause Offences' 'terminal Illness and Custody']

Case Brief

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Procedural Posture

Criminal Bail Application / Bail Determination

Legal Issues

  1. 1 ["Whether the applicant, charged with murder (a 'show cause' offence), has shown cause why his detention is not justified under the Bail Act 2013" "Whether any unacceptable risk arises in relation to the applicant's release on bail under ss 17 and 19 of the Bail Act 2013"]

Ratio Decidendi

Despite the gravity of the charge and the reasonably strong Crown case, the applicant has shown cause why his detention is not justified due to his terminal illness and high likelihood of dying before trial. The risks of absconding or interfering with witnesses or committing a serious offence can be reduced to acceptable levels through stringent bail conditions amounting to house arrest with significant surety.

Court Disposition

Bail granted with conditions

Orders

  • ['The applicant is to reside at [***].' 'Not to leave [***] except with his wife and only for limited purposes (police reporting, legal appointments, court, Centrelink, medical appointments, hospitalisation).' 'When absent from [***], must present to police for compliance checks.' 'Daily reporting to Quakers Hill...