R v Greenup [2020] NSWSC 1866

R v Greenup [2020] NSWSC 1866

The applicant was charged with murder and was required to show cause why her continued detention was not justified. On the material before the Court, the Crown case could not be described as weak and it was open to infer that the applicant instigated the assault and contemplated the infliction of grievous bodily harm. Although the Court did not consider the Aboriginal applicant posed an unacceptable flight risk, her criminal history and the circumstances of the alleged offending created unacceptable risks of further serious offences, danger to the community, and interference with witnesses or evidence. Proposed or available conditions could not sufficiently ameliorate those risks, and the...

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Bail Application in Murder Proceedings / Application for Bail After Bail Was Refused in the Waverley Local Court
Outcome
Bail refused
Legal Topics
['murder' 'show Cause Requirement' 'unacceptable Risk' 'aboriginal Applicant' 'joint Criminal Enterprise' 'interference With Witnesses or Evidence' 'community Safety']
['criminal Law' 'bail'] ['murder' 'show Cause Requirement' 'unacceptable Risk' 'aboriginal Applicant' 'joint Criminal Enterprise' 'interference With Witnesses or Evidence' 'community Safety']

Case Brief

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Procedural Posture

Bail Application in Murder Proceedings / Application for Bail After Bail Was Refused in the Waverley Local Court

Legal Issues

  1. 1 ['Whether the applicant showed cause under s 16A of the Bail Act 2013 (NSW) why her continued detention was not justified.' 'Whether there were unacceptable risks of non-appearance, commission of a serious offence, danger to the community, or interference with witnesses or evidence.' 'Whether proposed bail conditions could sufficiently ameliorate any unacceptable risks.']

Ratio Decidendi

The applicant was charged with murder and was required to show cause why her continued detention was not justified. On the material before the Court, the Crown case could not be described as weak and it was open to infer that the applicant instigated the assault and contemplated the infliction of grievous bodily harm. Although the Court did not consider the Aboriginal applicant posed an unacceptable flight risk, her criminal history and the circumstances of the alleged offending created unacceptable risks of further serious offences, danger to the community, and interference with witnesses or evidence. Proposed or available conditions could not sufficiently ameliorate those risks, and the...

Court Disposition

Bail refused

Orders

  • ['Bail is refused.']