REGINA v ROWE [1991] NSWCA 300

REGINA v ROWE [1991] NSWCA 300

Because material favourable to the applicant had not been presented to the trial judge and the judge was unavailable, the bail application was properly referred to the Court of Appeal. Granting bail was appropriate given the applicant’s minor role, lack of prior convictions, positive background reports, compliance with bail, and Crown’s lack of opposition.

Parties
Applicant: Travis Murray Rowe; Respondent: Regina (The Crown)
Jurisdiction
Australia
Judgment Date
24 December 1991
Procedural Posture
Bail Application / Pending Sentence in District Court, Referred to Court of Appeal
Outcome
Bail granted pending sentence, subject to specified conditions.
Legal Topics
Bail, Procedure for Bail Pending Sentence
Criminal Law Practice and Procedure Bail Procedure for Bail Pending Sentence

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Travis Murray Rowe

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Bail Application / Pending Sentence in District Court, Referred to Court of Appeal

Legal Issues

  1. 1 Should bail be granted to the applicant pending sentence?
  2. 2 What are the proper procedures for a bail application when a District Court judge has refused bail and is unavailable for reconsideration?

Ratio Decidendi

Because material favourable to the applicant had not been presented to the trial judge and the judge was unavailable, the bail application was properly referred to the Court of Appeal. Granting bail was appropriate given the applicant’s minor role, lack of prior convictions, positive background reports, compliance with bail, and Crown’s lack of opposition.

Court Disposition

Bail granted pending sentence, subject to specified conditions.

Orders

  • Applicant to reside with parents at 80 Berdin Street Bundaberg.
  • Applicant to report to officer in charge of Bundaberg Police Station once on each Monday and Friday between 8.00 am and 8.00 pm.