Supreme Court New South Wales Medium Neutral Citation: R v Forbes [2021] NSWSC 1387 Hearing dates: 27 October 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Common Law Before: Harrison J Decision: Bail refused Catchwords: CRIMINAL LAW – bail – applicant charged with sexual intercourse without consent – sole issue for trial is consent – where available material suggests that Crown case is strong – where there is risk of applicant approaching complainant if released – where applicant has history of committing offences while on bail – where applicant has history of domestic violence offences including breaches of apprehended domestic violence orders Category: Principal judgment Parties: Jeffrey Forbes (Applicant) Crown (Respondent) Representation: Solicitors: Legal Aid NSW (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 2021/278755 Publication restriction: Nil Judgment 1. HIS HONOUR: Jeffrey Forbes applies for bail. He is 43 years old. He was arrested on 27 April 2021 and charged with a single offence of sexual intercourse without consent contrary to s 61I of the Crimes Act 1900. He has remained in custody bail refused since then. He is next required to appear at the Newcastle Local Court for committal on 8 December 2021. 2. Mr Forbes and the complainant met through a mutual friend. It is not in dispute that Mr Forbes had sexual intercourse with the complainant. The sole issue at his trial will be consent. The Crown proposes to rely upon evidence from numerous witnesses to whom it is said the complainant reported the events in question. 3. For reasons that are not readily apparent, Mr Forbes was not arrested until 14 months after the commission of the alleged offence. It seems likely that this delay is associated with Mr Forbes having been in custody from time to time in relation to other offences. 4. Mr Forbes cannot expect to be given a trial date before approximately September next year. The Crown maintains that the case against him is "overwhelming". 5. Mr Forbes has unresolved mental health issues. The proposed bail conditions do not address these matters. Having regard to the disturbingly aggressive and forceful nature of the alleged sexual assault, the Crown contends that Mr Forbes is at risk of committing further offences and that no suitable bail conditions are available to eliminate or reduce the risk of that occurring. 6. Although I am naturally unable in an application such as this to form a reliable view of the strength of the Crown case, the available material, particularly the version of events provided by the complainant, satisfies me that the case is strong and that there remains some risk that Mr Forbes may be tempted to approach her prior to his trial if released on bail. I note in this last respect that Mr Forbes has a history of committing an offence while he was still on bail and participating in the MERIT programme. He also has a criminal history of stalking and intimidating going back as far as 2014 and of breaching apprehended domestic violence orders. 7. I consider that the Crown's concern that he may approach or interfere with the complainant or possibly commit a further similar offence cannot satisfactorily be ameliorated by available bail conditions. I consider that bail should be refused. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 22 August 2024