McConnachie v Director of Public Prosecutions (NSW) (No 2) [2019] NSWSC 1918

Supreme Court New South Wales

Medium Neutral Citation: McConnachie v Director of Public Prosecutions (NSW) (No 2) [2019] NSWSC 1918 Hearing dates: 27 November 2019 Date of orders: 27 November 2019 Decision date: 27 November 2019 Jurisdiction: Common Law Before: Hamill J Decision: Conditional bail granted Catchwords: CRIMINAL LAW – bail – change of circumstances since bail refused – extensive delay – where volumes of material served after matter listed for trial – defence application to vacate trial date refused – prosecution application to vacate trial date granted – inability of applicant to access voluminous material in prosecution brief – show cause requirement – bizarre and disturbing sexual offences – four complainants – degrading and humiliating conduct – issue of consent – where applicant's knowledge of brief critical to proper presentation of his case – tricky case for trial lawyers – prosecution case not necessarily overwhelming – previous bail breaches – complainants' fears – whether stringent bail capable of mitigating risk Legislation Cited: Bail Act 2013 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Tony Mawad [2015] NSWCCA 227 McConnachie v Director of Public Prosecutions (NSW) [2019] NSWSC 318 Category: Principal judgment Parties: Marc McConnachie Director of Public Prosecutions (NSW) Representation: Counsel: P.A Leask (Respondent)

Solicitors: Conditsis Lawyers (Applicant) Office of the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2019/00372342 Publication restriction: This judgment has been anonymised in accordance with the NSW Supreme Court anonymisation policy.