R v Hird [2017] NSWSC 1400

R v Hird [2017] NSWSC 1400

The mere commencement of plea negotiations or the charging of a co-accused does not satisfy the statutory requirement of changed circumstances relevant to the grant of bail under s 74(3)(c) of the Bail Act 2013 (NSW); therefore, the court cannot entertain Ms Hird's second bail application.

Jurisdiction
Australia
Judgment Date
13 October 2017
Procedural Posture
Criminal / Second Bail Application
Outcome
Refusal to hear further bail application
Legal Topics
['bail' 'release Application' 'change in Circumstances Under Bail Act 2013 (nsw)']
['criminal Law'] ['bail' 'release Application' 'change in Circumstances Under Bail Act 2013 (nsw)']

Case Brief

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Procedural Posture

Criminal / Second Bail Application

Legal Issues

  1. 1 ['Whether the possibility of a plea being entered constitutes changed circumstances under s 74(3)(c) of the Bail Act 2013 (NSW) for a further bail application' 'Whether recent developments, including plea negotiations and the charging of a co-accused, establish grounds for a further release application']

Ratio Decidendi

The mere commencement of plea negotiations or the charging of a co-accused does not satisfy the statutory requirement of changed circumstances relevant to the grant of bail under s 74(3)(c) of the Bail Act 2013 (NSW); therefore, the court cannot entertain Ms Hird's second bail application.

Court Disposition

Refusal to hear further bail application

Orders

  • ["Court refuses to hear Ms Hird's second bail application pursuant to s 74 of the Bail Act 2013 (NSW)"]