R v Draca [2015] NSWSC 1150

R v Draca [2015] NSWSC 1150

Although the charges engaged the show cause requirement and the Crown case was not weak, the absence of unacceptable risk if appropriate conditions were imposed, together with the strong impact that continued incarceration would have on the applicant's business, family and employees before any conviction, meant detention was not justified and bail should be granted on conditions.

Jurisdiction
Australia
Judgment Date
17 August 2015
Procedural Posture
Criminal Bail Application / Application for Bail After Arrest and Charge
Outcome
Bail granted
Legal Topics
['show Cause' 'unacceptable Risk' 'cultivation of Large Commercial Quantity of Cannabis' 'supply of Large Commercial Quantity of Cannabis']
['criminal Law' 'bail'] ['show Cause' 'unacceptable Risk' 'cultivation of Large Commercial Quantity of Cannabis' 'supply of Large Commercial Quantity of Cannabis']

Case Brief

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Procedural Posture

Criminal Bail Application / Application for Bail After Arrest and Charge

Legal Issues

  1. 1 ['Whether the applicant had shown cause why his detention was not justified under s 16A(1) of the Bail Act.' 'Whether admitting the applicant to bail would result in an unacceptable risk of failing to appear, committing a serious offence, endangering safety, or interfering with witnesses or evidence.' 'Whether appropriate bail conditions could address any risks.']

Ratio Decidendi

Although the charges engaged the show cause requirement and the Crown case was not weak, the absence of unacceptable risk if appropriate conditions were imposed, together with the strong impact that continued incarceration would have on the applicant's business, family and employees before any conviction, meant detention was not justified and bail should be granted on conditions.

Court Disposition

Bail granted

Orders

  • ['The applicant is to be of good behaviour.' 'The applicant is to reside at [Redacted].' 'The applicant is to report to the [Redacted].' 'The applicant is to appear at [Redacted].' 'The applicant is not to communicate, directly or indirectly, except through his legal advisers, with [Redacted] or any person of whom...