PQ v R [2021] NSWSC 830

Supreme Court New South Wales

Medium Neutral Citation: PQ v R [2021] NSWSC 830 Hearing dates: 23 June 2021 Date of orders: 08 June 2021 Decision date: 08 June 2021 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Application for bail dismissed Catchwords: CRIME – bail – offence of taking and detaining – assessment of bail concerns – unacceptable risk test – whether risk of reoffending – whether risk of fleeing jurisdiction – very strong crown case – concern of not complying with bail conditions – presence of unacceptable risk – bail refused Legislation Cited: Bail Act 2013 Courts Suppression and Non-Publication Orders Act 2010 Crimes Act 1900 Cases Cited: JM v R [2015] NSWSC 978 Texts Cited: Not Applicable Category: Principal judgment Parties: Regina PQ (Applicant) Representation: Counsel: A Chauvet (Crown) N Mikhaiel (Applicant) File Number(s): 2021/138552 Publication restriction: Order that the names of the applicant, her co‑accused, the victim of the offence and family members of the victim, the events the subject of this application and any material tending to identify them, be suppressed

Judgment 1. On 2 December 2020, the applicant, to whom the pseudonym PQ has been given, was arrested and charged with an offence contrary s 86(1)(b) of the Crimes Act 1900 of taking and detaining a person, in company, with intent to obtain an advantage. The offence was said to have been committed on the afternoon of 1 December 2020. The detention continued for some days. 2. On 17 May 2021, PQ made an application pursuant to s 8 of the Bail Act 2013 ("the Act") to be released on bail. 3. The Crown opposed that application. It was heard on 23 June 2021. The Court reserved its decision on that day.