R v Mawad [2015] NSWSC 1237

R v Mawad [2015] NSWSC 1237

The applicant showed cause because the likely lengthy period in custody before trial, the serious impact of detention on his two young children with disabilities and family circumstances, and his lawful need to support his family and prepare for proceedings operated in combination. Although there were bail concerns, including risk of non-attendance, commission of serious offences and danger to the community, those concerns did not amount to unacceptable risks because they were sufficiently alleviated by onerous bail conditions, including daily reporting, residence and curfew requirements, non-association conditions, travel restrictions and substantial security.

Jurisdiction
Australia
Judgment Date
23 July 2015
Procedural Posture
Criminal Bail Application and Release Application / Application for Bail Before Committal Hearing and Trial
Outcome
Bail granted.
Legal Topics
['show Cause Requirement' 'bail Concerns' 'unacceptable Risk' 'serious Robbery Allegations' 'firearm Allegation' 'bail Conditions' 'surety']
['criminal Law' 'bail'] ['show Cause Requirement' 'bail Concerns' 'unacceptable Risk' 'serious Robbery Allegations' 'firearm Allegation' 'bail Conditions' 'surety']

Case Brief

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Procedural Posture

Criminal Bail Application and Release Application / Application for Bail Before Committal Hearing and Trial

Legal Issues

  1. 1 ['Whether the applicant showed cause under s 16A of the Bail Act 2013 (NSW) why his detention was not justified.' 'Whether identified bail concerns amounted to unacceptable risks requiring refusal of bail.' 'Whether proposed bail conditions sufficiently alleviated risks of non-attendance, commission of serious offences, danger to the community, and interference with witnesses.']

Ratio Decidendi

The applicant showed cause because the likely lengthy period in custody before trial, the serious impact of detention on his two young children with disabilities and family circumstances, and his lawful need to support his family and prepare for proceedings operated in combination. Although there were bail concerns, including risk of non-attendance, commission of serious offences and danger to the community, those concerns did not amount to unacceptable risks because they were sufficiently alleviated by onerous bail conditions, including daily reporting, residence and curfew requirements, non-association conditions, travel restrictions and substantial security.

Court Disposition

Bail granted.

Orders

  • ['The applicant, Tony Mawad, is granted bail subject to conditions.' 'To be of good behaviour.' 'To report to Bankstown Police Station daily between the hours of 8 am and 5 pm.' 'To live at [REDACTED].' 'To appear at the Burwood Local Court on 13 August and on such date thereafter as required.' 'Not to drink alcohol...