Key cases
2016 cases from Supreme Court
(takes into account amendments)
Case | Case Rationale |
---|---|
R v BNS [2016] NSWSC 350 View decision | Multiple Bail applications – section 74 Bail Act 2013 – change of legal rep not a change in circumstance – increase in surety may constitute a change in circumstances |
R v Viavatenne [2016] NSWSC 299 View decision | Application for expedition of bail hearing – health and difficult personal circumstances of family can form basis for expedition – relevance of Crown opposition to bail |
R v NK [2016] NSWSC 498 View decision | Terrorism offence – exceptional circumstances – youth of applicant vulnerability to adult influence |
McAndrew v Regina [2016] NSWCCA 58 View decision | Show Cause – no sufficient matters identified to show cause |
2015 cases from Supreme Court
(takes into account amendments)
Case | Case Rationale |
---|---|
Singh v R [2015] NSWCCA 257 View decision | Show Cause – material change in circumstances due to charges being downgraded – combination of factors can constitute cause |
DDP(NSW) v Mawad [2015] NSWCCA 227 View decision | Show Cause – show cause is not 'special or exceptional circumstances'. Police views not evidence |
R v McCormack [2015] NSWCCA 221 View decision | Show Cause – firearms – combination of factors including disposition at Local Court and fact pre-sentence custody may exceed custodial sentence |
DPP(NSW) v Brooks [2015] NSWCCA 190 View decision | Show Cause – murder – reasonable strong case re: ID – nothing 'special or unusual' to amount to showing cause |
DPP(NSW) v Campbell [2015] NSWCCA 173 View decision | Show Cause – matter committed for sentence – bail to residential rehabilitation could be perceived as a fetter on sentencing judge |
Clinton v R [2015] NSWSC 1953 View decision | Section 22 of the Bail Act does not apply to persons seeking leave to appeal pursuant to 5F |
R v Melmeth [2015] NSWSC 1762 View decision | Show Cause – inadequate medical treatment can constitute cause – Justice Health failure to provide medical material regarding adequacy of treatment |
R v A2; R v KM; R v Vaziri (No.19) [2015] NSWSC 1700 View decision | Bail granted following conviction by jury – likelihood of custodial penalty live issue at sentence – not show cause |
R v Boyd [2015] NSWSC 1065 View decision | Show Cause – combination of issues can constitute cause - delay |
JM v R [2015] NSWSC 978 View decision | Show Cause – murder – relevance of police views – Act does not allow refusal of bail due to concern if may fetter decision of sentencing judge – cause established on the basis of youth and delay |
[2015] NSWCCA 185 Director of Public Prosecutions (NSW) v Boatswain View decision | Sets out that terminal illness can constitute show cause but that fears for witnesses can still lead to an overall assessment of unacc risk. |
[2015] R v Nicholas Anthony BADGER View decision | HH considers the 'tension' in the authorities in relation to the question of bail in circumstances where someone has pleaded guilty, they are certainly going to be sentenced to gaol, and sentence proceedings are imminent. |
[2015] R v Benzce; Yates, NSWSC, McCallum, 18 February 2015 View decision | Show cause - residential rehabilitation can constitute cause. |
[2015] R v Ebrahimi NSWSC 335 View decision | Show cause - one step or two step test - qualified application of reasoning in M v R but pre-R v Tikomaimaleya - electronic monitoring. |
[2015] El-Hilli and Melville v R NSWCCA 146 View decision | An application for bail to the CCA after the SC had refused bail, utilising s. 67(1)(e). |
[2015] R v Tasker (No2) NSWSC 467 View decision | Show cause - effects of plea of guilty on bail application. |
[2015] NSWCA 83 Director of Public Prosecutions (NSW) v Tikomaimaleya View decision | Court of Appeal case that involves a show cause matter and the court looks at M v R and the position adopted by Mc Callum J. Court of Appeal concludes that it is still a two stage test and that the steps should not be merged but concedes that factors relevant to one decision will still be relevant to the other (para 24). |
M v R (2015) NSWSC 138 View decision | A show cause matter where her honour (McCallum J) disagrees with the crown suggestion that bail would "normally or ordinarily be refused" and states in para 10 that the court is "to approach each case on its merits with no presumption as to the likely or proper outcome of the release application". There is other discussion about the merging of the show cause decision and the unacceptable risk decision as discussions of bail concerns naturally arise when setting out how a defendant has potentially shown cause. Use this case if faced with an Iskander type argument from the court or the prosecution. |
R v Kugor ( 2015) NSWCCA 14 View decision | CCA decision. Not a show cause matter but involves serious sexual allegations with a reasonably strong crown case and the applicant was on conditional liberty(s.9) at the time of the alleged offending. Despite these factors bail granted due to likely delay pre-trial along with offered bail conditions that "adequately met" the noted concerns. Demonstrates use of s.18(1)(p) |
Supreme Court of NSW 2014
Case | Case Rationale |
---|---|
R v Lago [2014] NSWSC 660 View decision | CRIMINAL LAW - bail - unacceptable risk - mitigation of risk - onus of proof |
2014 00129939 - R v S K 2014 00129936 - R v D K View decision |
|
R v Fesus [2014] NSWSC 770 16 June 2014 View decision |
|
R v HAWI [2014] NSWSC 837 View decision |
|
R v ALEXANDRIDIS [2014] NSWSC 662 View decision |
|
R v Sarkhel ROKHZAYI [2014] NSWSC 958 View decision |
|
Other jurisdictions
Case | Case Rationale |
---|---|
Haidy v DPP [2004] VSC 247 [14-19] | Two step process to determine unacceptable risk:
|
Mokbel v DPP (No.3) [2002] VSC 393 [10] |
|
Re Magee [2009] VSC 384 [15-26] |
|
Kheir v R [2008] VSC 492 [22] |
|
R v Wakefield 1969 (89 WN) (Pt 1) (NSW) 325 View decision |
|
Woods v DPP [2014] VSC 1 |
|
Dunstan v DPP (1999) 92 FCR 168 [55-56] |
|
Re ASMAR 2005 VSC 487 View decision |
|
DPP v HARIKA 2001 VSC 237 View decision |
|
VAN TONGEREN v Office of DPP 2013 QMC 16 View decision |
|