R v Gao [2018] NSWSC 1011

R v Gao [2018] NSWSC 1011

The show cause requirement was satisfied because the Crown case supporting the show cause offence of aggravated sexual intercourse without consent occasioning actual bodily harm appeared weak as against the applicant. Although there was a clear risk of flight due to the seriousness of the charges, the applicant's lack of ties to Australia, ordinary residence in China, and the absence of an extradition treaty, that risk was not unacceptable because it could be adequately mitigated by the proposed conditions, including residence, reporting, substantial sureties, surrender of passports, airport exclusion, no contact with witnesses and electronic monitoring. The Court was not persuaded that a...

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Bail Application in Criminal Proceedings / Pre Trial Application for Bail
Outcome
Conditional bail granted
Legal Topics
['show Cause Requirement' 'strength of Crown Case' 'bail Concerns' 'risk of Flight' 'electronic Monitoring' 'witness Interference']
['criminal Law' 'bail'] ['show Cause Requirement' 'strength of Crown Case' 'bail Concerns' 'risk of Flight' 'electronic Monitoring' 'witness Interference']

Case Brief

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Procedural Posture

Bail Application in Criminal Proceedings / Pre Trial Application for Bail

Legal Issues

  1. 1 ['Whether the applicant showed cause why his detention was not justified for a show cause offence under the Bail Act 2013 (NSW).' 'Whether there were bail concerns, including a risk of flight and a risk of endangering the complainant or interfering with her evidence.' 'Whether any identified risk of flight could be adequately mitigated by bail conditions.']

Ratio Decidendi

The show cause requirement was satisfied because the Crown case supporting the show cause offence of aggravated sexual intercourse without consent occasioning actual bodily harm appeared weak as against the applicant. Although there was a clear risk of flight due to the seriousness of the charges, the applicant's lack of ties to Australia, ordinary residence in China, and the absence of an extradition treaty, that risk was not unacceptable because it could be adequately mitigated by the proposed conditions, including residence, reporting, substantial sureties, surrender of passports, airport exclusion, no contact with witnesses and electronic monitoring. The Court was not persuaded that a...

Court Disposition

Conditional bail granted

Orders

  • ['The applicant is granted bail subject to conditions.' 'The applicant is to appear in court as required.' 'The applicant is to live at [address provided] and nowhere else.' 'The applicant is not to be absent from those premises between the hours of 9.00pm and 5.00am except in the case of a medical emergency.' 'The...