SZH v R [2021] NSWSC 95

SZH v R [2021] NSWSC 95

The applicant did not show cause why her detention was not justified. The Crown case was very strong, the charges were serious, she had prior convictions and imprisonment for similar drug supply offending, and likely faced a substantial sentence if convicted. Although there was expected delay and she was pregnant, there was no evidence of a medically complicated pregnancy, inadequate custodial medical care, difficulty preparing her defence, or particular need requiring release. Those matters did not outweigh the seriousness of the charges and strength of the Crown case.

Jurisdiction
Australia
Judgment Date
17 February 2021
Procedural Posture
Criminal Bail Application / Application for Release on Bail Under S 8 of the Bail Act 2013; Show Cause Considered
Outcome
Application for Bail refused
Legal Topics
['show Cause' 'supply of Prohibited Drugs' 'proceeds of Crime' 'suppression and Non Publication Orders' 'pregnancy in Custody']
['criminal Law' 'bail'] ['show Cause' 'supply of Prohibited Drugs' 'proceeds of Crime' 'suppression and Non Publication Orders' 'pregnancy in Custody']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Bail Application / Application for Release on Bail Under S 8 of the Bail Act 2013; Show Cause Considered

Legal Issues

  1. 1 ['Whether the applicant had shown cause why her detention was not justified for a show cause offence involving supply of a commercial quantity of a serious drug.' "Whether the applicant's proposed bail conditions, pregnancy, anticipated delay, community supports and personal circumstances justified release on bail." 'Whether a suppression order was necessary to prevent prejudice to the proper administration of justice and ensure a fair trial.']

Ratio Decidendi

The applicant did not show cause why her detention was not justified. The Crown case was very strong, the charges were serious, she had prior convictions and imprisonment for similar drug supply offending, and likely faced a substantial sentence if convicted. Although there was expected delay and she was pregnant, there was no evidence of a medically complicated pregnancy, inadequate custodial medical care, difficulty preparing her defence, or particular need requiring release. Those matters did not outweigh the seriousness of the charges and strength of the Crown case.

Court Disposition

Application for Bail refused

Orders

  • ['The application for bail is refused.' 'The name of the applicant and any material tending to identify her is suppressed until the conclusion of the trial of the applicant, or further order of the Court, whichever first occurs.']