R v Van Thi Kanh PHAM [2020] NSWSC 1951

R v Van Thi Kanh PHAM [2020] NSWSC 1951

The Court refused bail because the medical, forensic and circumstantial evidence was sufficient to support the serious charges, including on a joint criminal enterprise basis, and the applicant's overseas connections, the seriousness of the offences, and her capacity to contact the victim or other witnesses created serious concerns of failure to appear and interference with witnesses, amounting to an unacceptable risk.

Jurisdiction
Australia
Judgment Date
15 December 2020
Procedural Posture
Bail Application / Application for Bail Before Trial
Outcome
Bail refused
Legal Topics
['unacceptable Risk' 'failure to Appear' 'interference With Witnesses' 'joint Criminal Enterprise' 'child Assault Allegations' 'grievous Bodily Harm']
['criminal Law' 'bail'] ['unacceptable Risk' 'failure to Appear' 'interference With Witnesses' 'joint Criminal Enterprise' 'child Assault Allegations' 'grievous Bodily Harm']

Case Brief

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Procedural Posture

Bail Application / Application for Bail Before Trial

Legal Issues

  1. 1 ['Whether bail should be granted to the applicant.' 'Whether the evidence, including circumstantial evidence, was sufficient to support the alleged joint criminal enterprise.' 'Whether the applicant posed a serious concern of failure to appear.' 'Whether the applicant posed a serious risk of interference with the victim or other witnesses.']

Ratio Decidendi

The Court refused bail because the medical, forensic and circumstantial evidence was sufficient to support the serious charges, including on a joint criminal enterprise basis, and the applicant's overseas connections, the seriousness of the offences, and her capacity to contact the victim or other witnesses created serious concerns of failure to appear and interference with witnesses, amounting to an unacceptable risk.

Court Disposition

Bail refused

Orders

  • ['Bail refused']