Clinton v R [2015] NSWSC 1953

Clinton v R [2015] NSWSC 1953

Because the applicant had pleaded guilty to the relevant charges, was to be treated for present purposes as guilty despite seeking to withdraw the pleas, had a significant history of serious fraud offending and an escalated pattern of offending, including offending while on bail, and because his health was being appropriately managed in custody and the accountant's deed material did not answer the broader charges or establish a defence, he had not shown cause why detention was not justified and presented an unacceptable risk of committing serious offences while on bail.

Jurisdiction
Australia
Judgment Date
14 December 2015
Procedural Posture
Bail Application / Show Cause and Unacceptable Risk Determination Before Sentencing
Outcome
Bail refused
Legal Topics
['show Cause Requirement' 'unacceptable Risk' 'bail After Guilty Pleas' 'application to Withdraw Guilty Pleas' 'health of Applicant in Custody']
['criminal Law' 'bail'] ['show Cause Requirement' 'unacceptable Risk' 'bail After Guilty Pleas' 'application to Withdraw Guilty Pleas' 'health of Applicant in Custody']

Case Brief

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Procedural Posture

Bail Application / Show Cause and Unacceptable Risk Determination Before Sentencing

Legal Issues

  1. 1 ['Whether the applicant was required to show cause under s 16B of the Bail Act 2013 (NSW).' 'Whether the applicant had shown cause why his detention was not justified.' 'Whether the applicant presented an unacceptable risk of committing serious offences while on bail.' "Whether the applicant's health, the affidavit and deeds from the accountant, and other material justified release on bail before sentencing."]

Ratio Decidendi

Because the applicant had pleaded guilty to the relevant charges, was to be treated for present purposes as guilty despite seeking to withdraw the pleas, had a significant history of serious fraud offending and an escalated pattern of offending, including offending while on bail, and because his health was being appropriately managed in custody and the accountant's deed material did not answer the broader charges or establish a defence, he had not shown cause why detention was not justified and presented an unacceptable risk of committing serious offences while on bail.

Court Disposition

Bail refused

Orders

  • ['The application for bail is refused.']