Hickey v Director of Public Prosecutions (NSW) [2024] NSWSC 191

Hickey v Director of Public Prosecutions (NSW) [2024] NSWSC 191

Bail is refused in relation to the aggravated break, enter and steal offence due to the imminent sentencing and unacceptable risk, while conditional bail is granted for the second series of offences as Mr Hickey has shown cause and there are no unacceptable risks associated with his release for those matters.

Parties
Applicant: William Hickey; Respondent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
27 February 2024
Procedural Posture
Bail Application / Hearing and Determination
Outcome
Bail refused for 2022/270309 (H90583346/1); conditional bail granted for 2023/308937 (H97600486 Seq 1, 2, 3, 4)
Legal Topics
Bail Application, Show Cause Requirement, Sentencing Discretion, Unacceptable Risk Assessment
Criminal Law Bail Application Show Cause Requirement Sentencing Discretion Unacceptable Risk Assessment

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

William Hickey

Applicant

Director of Public Prosecutions

Respondent

Procedural Posture

Bail Application / Hearing and Determination

Legal Issues

  1. 1 Whether bail should be refused in relation to aggravated break, enter and steal with intent to commit a serious indictable offence
  2. 2 Whether conditional bail should be granted in relation to possession of a shortened firearm, carrying an offensive implement, supplying a prohibited drug, and receiving stolen property
  3. 3 Assessment of unacceptable risk

Ratio Decidendi

Bail is refused in relation to the aggravated break, enter and steal offence due to the imminent sentencing and unacceptable risk, while conditional bail is granted for the second series of offences as Mr Hickey has shown cause and there are no unacceptable risks associated with his release for those matters.

Court Disposition

Bail refused for 2022/270309 (H90583346/1); conditional bail granted for 2023/308937 (H97600486 Seq 1, 2, 3, 4)

Orders

  • Bail refused in relation to 2022/270309 (H90583346/1)
  • Conditional bail granted in relation to 2023/308937 (H97600486 Seq 1, 2, 3, 4)