R v Pratten (No 10) [2012] NSWSC 1673

R v Pratten (No 10) [2012] NSWSC 1673

Although the alleged attempt to deal with the vessel in breach of a restraining order was a serious matter and raised the risk of flight, the countervailing factors, including Mr Pratten's care responsibilities, community and financial ties, need to prepare for sentence, past attendance throughout lengthy proceedings, passport surrender and daily reporting, outweighed that risk. There was no serious risk to community protection, and the likelihood of repetition of the relevant offending was limited. Bail was therefore continued, with conditions varied.

Jurisdiction
Australia
Judgment Date
06 July 2012
Procedural Posture
Criminal Bail Application / Interlocutory Proceedings After Conviction Pending Sentence
Outcome
Bail continued subject to varied bail conditions; the Court made no order revoking bail.
Legal Topics
['revocation or Variation of Bail' 'risk of Flight' 'bail Pending Sentence' 'alleged Contravention of Restraining Order']
['criminal Law' 'bail'] ['revocation or Variation of Bail' 'risk of Flight' 'bail Pending Sentence' 'alleged Contravention of Restraining Order']

Case Brief

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Procedural Posture

Criminal Bail Application / Interlocutory Proceedings After Conviction Pending Sentence

Legal Issues

  1. 1 ['Whether bail should be revoked or varied after the defendant was found guilty and while awaiting sentence.' 'Whether alleged conduct in arranging for the vessel Los Lobos to be transported to Vanuatu showed a risk of flight or disregard of court orders sufficient to refuse bail.' 'Whether the criteria in s 32 of the Bail Act justified continued conditional liberty.']

Ratio Decidendi

Although the alleged attempt to deal with the vessel in breach of a restraining order was a serious matter and raised the risk of flight, the countervailing factors, including Mr Pratten's care responsibilities, community and financial ties, need to prepare for sentence, past attendance throughout lengthy proceedings, passport surrender and daily reporting, outweighed that risk. There was no serious risk to community protection, and the likelihood of repetition of the relevant offending was limited. Bail was therefore continued, with conditions varied.

Court Disposition

Bail continued subject to varied bail conditions; the Court made no order revoking bail.

Orders

  • ['The Court makes no order as to bail subject to bail conditions.' 'Bail conditions were to be varied; for bail conditions see Court file.']