R v Liu [2022] NSWSC 1030

R v Liu [2022] NSWSC 1030

The charged reckless wounding offence was not a show cause offence because s 16B(1)(d)(i) of the Bail Act 2013 (NSW) applies only to the listed serious indictable offences that involve the use of a firearm, which was not the case here. Applying the unacceptable risk test, the Court found that any risks could be addressed by conditions and were not unacceptable, so bail should be granted on conditions.

Jurisdiction
Australia
Judgment Date
20 July 2022
Procedural Posture
Criminal Bail Release Application / Supreme Court Release Application Before Local Court Hearing
Outcome
Bail granted with conditions.
Legal Topics
['release Application' 'reckless Wounding' 'show Cause Offence' 'unacceptable Risk Test' 'bail Conditions' 'statutory Interpretation']
['criminal Law' 'bail'] ['release Application' 'reckless Wounding' 'show Cause Offence' 'unacceptable Risk Test' 'bail Conditions' 'statutory Interpretation']

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Procedural Posture

Criminal Bail Release Application / Supreme Court Release Application Before Local Court Hearing

Legal Issues

  1. 1 ['Whether reckless wounding under s 35(4) of the Crimes Act 1900 (NSW) was a show cause offence under s 16B(1)(d)(i) of the Bail Act 2013 (NSW).' 'Whether the applicant presented any unacceptable risk under the Bail Act 2013 (NSW).' 'Whether bail should be granted with conditions.']

Ratio Decidendi

The charged reckless wounding offence was not a show cause offence because s 16B(1)(d)(i) of the Bail Act 2013 (NSW) applies only to the listed serious indictable offences that involve the use of a firearm, which was not the case here. Applying the unacceptable risk test, the Court found that any risks could be addressed by conditions and were not unacceptable, so bail should be granted on conditions.

Court Disposition

Bail granted with conditions.

Orders

  • ['Bail granted with conditions.']