R v Ceissman [2018] NSWSC 1244

R v Ceissman [2018] NSWSC 1244

The applicant showed cause and bail was appropriate because the charges were not wholly uncontroversial and were said to have a defence based on construction of the Interim Supervision Order, the applicant had already spent about two months on remand, any likely full-time custodial sentence would not be of great length, the applicant's Aboriginality was a factor to be taken into account, and the State's pursuit of an Extended Supervision Order indicated that community safety could be sufficiently ameliorated by appropriately framed conditions.

Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Bail Application in Criminal Proceedings for Alleged Breaches of an Interim Supervision Order and Resisting Arrest / Ex Tempore Judgment Granting Bail
Outcome
Bail granted subject to conditions.
Legal Topics
['show Cause Offences' 'bail Concerns' 'interim Supervision Order' 'breach of Supervision Order' 'community Safety' 'aboriginal Applicant']
['criminal Law' 'bail' 'terrorism High Risk Offenders'] ['show Cause Offences' 'bail Concerns' 'interim Supervision Order' 'breach of Supervision Order' 'community Safety' 'aboriginal Applicant']

Case Brief

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Procedural Posture

Bail Application in Criminal Proceedings for Alleged Breaches of an Interim Supervision Order and Resisting Arrest / Ex Tempore Judgment Granting Bail

Legal Issues

  1. 1 ['Whether the applicant had shown cause under s 16A of the Bail Act 2013 why his detention was not justified for alleged show-cause offences.' 'Whether bail concerns under s 17 of the Bail Act 2013 could be sufficiently ameliorated by conditions.' "Whether the alleged breaches of the Interim Supervision Order and the applicant's circumstances justified refusal of bail."]

Ratio Decidendi

The applicant showed cause and bail was appropriate because the charges were not wholly uncontroversial and were said to have a defence based on construction of the Interim Supervision Order, the applicant had already spent about two months on remand, any likely full-time custodial sentence would not be of great length, the applicant's Aboriginality was a factor to be taken into account, and the State's pursuit of an Extended Supervision Order indicated that community safety could be sufficiently ameliorated by appropriately framed conditions.

Court Disposition

Bail granted subject to conditions.

Orders

  • ['The applicant is to enter into an agreement to observe the specified requirements as to conduct while at liberty on bail.' 'The applicant is to report by telephone to the reporting police station at Redfern each Monday, Wednesday and Friday between 8 am and 6 pm.' 'The applicant is to reside with his father at...