R v S M [2013] NSWSC 1542

R v S M [2013] NSWSC 1542

Notwithstanding the seriousness of the offence and the impact on community welfare, having weighed the relevant matters under s 32(1) of the Bail Act 1978 and the individual circumstances of the Applicant, bail should be granted subject to stringent conditions.

Parties
Applicant: S M; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 October 2013
Procedural Posture
Criminal / Application for Bail
Outcome
Conditional bail granted
Legal Topics
Bail, Criteria for Granting Bail
Criminal Law Bail Criteria for Granting Bail

Case Brief

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Parties

S M

Applicant

Regina

Respondent

Procedural Posture

Criminal / Application for Bail

Legal Issues

  1. 1 Whether bail should be granted to the Applicant under s 32 of the Bail Act 1978

Ratio Decidendi

Notwithstanding the seriousness of the offence and the impact on community welfare, having weighed the relevant matters under s 32(1) of the Bail Act 1978 and the individual circumstances of the Applicant, bail should be granted subject to stringent conditions.

Court Disposition

Conditional bail granted

Orders

  • Bail is granted subject to the Applicant residing with his sister, remaining there except for work/school or with family, good behaviour, appearance at court, reporting to police three times per week, non-association and non-contact with co-offenders and prosecution witnesses, no alcohol consumption, $1,000 surety,...
  • Suppression order prohibiting publication of names and addresses except as necessary.