R v Porter [2018] NSWSC 1443

R v Porter [2018] NSWSC 1443

Although the applicant's full time residential drug rehabilitation placement amounted to a change in circumstances for the purposes of s 74, the Court was not satisfied that the unacceptable risks identified in s 17(2)(b), (c) or (d) could be satisfactorily ameliorated by any available or proposed bail conditions, particularly because the applicant could leave the facility and there remained a risk he would interfere with or endanger the victim.

Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Bail Release Application / Application After Previous Bail Application Refused; Matters Next Listed for Mention or Committal at Wyong Local Court
Outcome
Bail refused
Legal Topics
['release Application' 'change in Circumstances' 'residential Drug Rehabilitation' 'unacceptable Risk' 'domestic Violence Allegations' 'apprehended Domestic Violence Order']
['criminal Law' 'bail'] ['release Application' 'change in Circumstances' 'residential Drug Rehabilitation' 'unacceptable Risk' 'domestic Violence Allegations' 'apprehended Domestic Violence Order']

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Procedural Posture

Bail Release Application / Application After Previous Bail Application Refused; Matters Next Listed for Mention or Committal at Wyong Local Court

Legal Issues

  1. 1 ['Whether the applicant satisfied the threshold test in s 74 of the Bail Act 2013 following a previous refusal of bail.' "Whether the applicant's placement for full time residential drug rehabilitation constituted a change in circumstances." 'Whether any available or proposed bail conditions could satisfactorily ameliorate unacceptable risks under s 17(2)(b), (c) or (d) of the Bail Act 2013.']

Ratio Decidendi

Although the applicant's full time residential drug rehabilitation placement amounted to a change in circumstances for the purposes of s 74, the Court was not satisfied that the unacceptable risks identified in s 17(2)(b), (c) or (d) could be satisfactorily ameliorated by any available or proposed bail conditions, particularly because the applicant could leave the facility and there remained a risk he would interfere with or endanger the victim.

Court Disposition

Bail refused

Orders

  • ['Bail refused']