Director of Public Prosecutions (NSW) v Dagdanasar [2016] NSWSC 1089

Director of Public Prosecutions (NSW) v Dagdanasar [2016] NSWSC 1089

Given the applicant's repeated history of driving whilst disqualified, the alleged further offences despite lengthy disqualification, and the likelihood of relatively lengthy imprisonment if convicted, any further offence of driving whilst disqualified in the circumstances should be considered a serious offence. The risk of further similar offending was high and unacceptable, so bail was refused.

Jurisdiction
Australia
Judgment Date
13 July 2016
Procedural Posture
Bail Release Application / Supreme Court of New South Wales Hearing
Outcome
Bail refused
Legal Topics
['bail Refusal' 'unacceptable Risk' 'serious Offence' 'driving Whilst Disqualified' 'bail Act 2013 (nsw) S 18']
['criminal Law' 'bail'] ['bail Refusal' 'unacceptable Risk' 'serious Offence' 'driving Whilst Disqualified' 'bail Act 2013 (nsw) S 18']

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Procedural Posture

Bail Release Application / Supreme Court of New South Wales Hearing

Legal Issues

  1. 1 ['Whether the applicant posed an unacceptable risk of failing to appear.' 'Whether the applicant posed an unacceptable risk of endangering the safety of victims, individuals or the community.' 'Whether the applicant posed an unacceptable risk of committing a serious offence if released on bail.' 'Whether further driving whilst disqualified offences could amount to a serious offence for the purposes of the Bail Act 2013 (NSW).']

Ratio Decidendi

Given the applicant's repeated history of driving whilst disqualified, the alleged further offences despite lengthy disqualification, and the likelihood of relatively lengthy imprisonment if convicted, any further offence of driving whilst disqualified in the circumstances should be considered a serious offence. The risk of further similar offending was high and unacceptable, so bail was refused.

Court Disposition

Bail refused

Orders

  • ['The application is refused.']