R v Pasikala [2018] NSWSC 1458

R v Pasikala [2018] NSWSC 1458

Although the Crown identified bail concerns, including a risk that the applicant may reoffend and concerns relating to the victim and compliance, Harrison J was prepared to accept that the risks could be satisfactorily mitigated by a series of conditions. The applicant would remain in custody serving his current sentence until early the following year, giving him time to consider his position, and a possible re-classification in gaol could allow access to programs assisting management of psychiatric disorders. Bail was therefore granted subject to conditions.

Jurisdiction
Australia
Judgment Date
27 September 2018
Procedural Posture
Bail Release Application / Application for Bail in the Supreme Court of New South Wales; Applicant in Custody Bail Refused, No Plea Entered, Matters Next Before Newtown Local Court for Mention on 2 October 2018.
Outcome
Bail granted subject to conditions.
Legal Topics
['release Application' 'unacceptable Risk' 'risk of Failure to Appear' 'risk to Victim' 'risk of Further Offending' 'bail Conditions' 'psychiatric Conditions' 'corrective Services Classification']
['criminal Law' 'bail'] ['release Application' 'unacceptable Risk' 'risk of Failure to Appear' 'risk to Victim' 'risk of Further Offending' 'bail Conditions' 'psychiatric Conditions' 'corrective Services Classification']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bail Release Application / Application for Bail in the Supreme Court of New South Wales; Applicant in Custody Bail Refused, No Plea Entered, Matters Next Before Newtown Local Court for Mention on 2 October 2018.

Legal Issues

  1. 1 ['Whether the applicant should be granted bail despite Crown concerns that all four matters listed in s 17(2) of the Bail Act 2013 constitute unacceptable risks.' 'Whether identified bail concerns, including the risk of reoffending and risk to the victim, could be satisfactorily mitigated by bail conditions.' "Whether the applicant's custody status and possible re-classification within Corrective Services supported the grant of bail."]

Ratio Decidendi

Although the Crown identified bail concerns, including a risk that the applicant may reoffend and concerns relating to the victim and compliance, Harrison J was prepared to accept that the risks could be satisfactorily mitigated by a series of conditions. The applicant would remain in custody serving his current sentence until early the following year, giving him time to consider his position, and a possible re-classification in gaol could allow access to programs assisting management of psychiatric disorders. Bail was therefore granted subject to conditions.

Court Disposition

Bail granted subject to conditions.

Orders

  • ['Applicant is to be of good behaviour.' 'Applicant is to reside at xx xxxx, Mount Druitt.' 'Applicant is to report to Mount Druitt police station daily between the hours of 6am and 8pm.' 'Applicant is to appear at Newtown Local Court, by audio visual link if available, on 2 October 2018 and thereafter as required.'...