R v Bartley [2017] NSWSC 243

R v Bartley [2017] NSWSC 243

Although the delay before trial was very long and objectively unacceptable, the applicant did not show cause why continued incarceration was not justified. The Crown case appeared substantial, conviction was not unlikely, the applicant's psychiatric condition created an unacceptable risk that could not be adequately mitigated by conditions, and she had not identified secure medium to long term accommodation.

Jurisdiction
Australia
Judgment Date
16 March 2017
Procedural Posture
Bail Application / Pre Trial Application for Bail
Outcome
Bail refused
Legal Topics
['show Cause Offence' 'unacceptable Risk' 'mental Illness' 'accommodation' 'delay Before Trial']
['criminal Law' 'bail'] ['show Cause Offence' 'unacceptable Risk' 'mental Illness' 'accommodation' 'delay Before Trial']

Case Brief

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Procedural Posture

Bail Application / Pre Trial Application for Bail

Legal Issues

  1. 1 ['Whether the applicant showed cause under s 16A Bail Act 2013 why her continued detention was not justified.' 'Whether bail conditions could mitigate the unacceptable risk that the applicant might commit another serious offence.' 'Whether the applicant had satisfactory accommodation if released on bail.']

Ratio Decidendi

Although the delay before trial was very long and objectively unacceptable, the applicant did not show cause why continued incarceration was not justified. The Crown case appeared substantial, conviction was not unlikely, the applicant's psychiatric condition created an unacceptable risk that could not be adequately mitigated by conditions, and she had not identified secure medium to long term accommodation.

Court Disposition

Bail refused

Orders

  • ['Bail refused']