R v Hawi & ors (No 33) [2011] NSWSC 1679

R v Hawi & ors (No 33) [2011] NSWSC 1679

The statutory presumption against bail for riot offences requires the applicant to overcome a significant hurdle. Despite positive personal circumstances, the possibility of a custodial sentence of some substance and the presumption against bail together mean bail should not be granted pending sentence.

Parties
Prosecution: Regina; Applicant: Usama Potrus
Jurisdiction
Australia
Judgment Date
03 November 2011
Procedural Posture
Criminal / Bail Application After Conviction, Before Sentencing
Outcome
Application refused
Legal Topics
Bail, Riot Offences, Presumption Against Bail
Criminal Law Bail Riot Offences Presumption Against Bail

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Parties

Regina

Prosecution

Usama Potrus

Applicant

Procedural Posture

Criminal / Bail Application After Conviction, Before Sentencing

Legal Issues

  1. 1 Whether bail should be granted to an offender convicted of riot pending sentencing in the context of a statutory presumption against bail.

Ratio Decidendi

The statutory presumption against bail for riot offences requires the applicant to overcome a significant hurdle. Despite positive personal circumstances, the possibility of a custodial sentence of some substance and the presumption against bail together mean bail should not be granted pending sentence.

Court Disposition

Application refused

Orders

  • Bail application by Usama Potrus refused.