Director of Public Prosecutions (NSW) v Leahy [2014] NSWCCA 279

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (NSW) v Leahy [2014] NSWCCA 279 Hearing dates: 28 February 2014 Decision date: 28 February 2014 Before: Hoeben CJ at CL at [1] Adams J at [2] R A Hulme J at [3] Decision: 1. Revoke the order of Barr AJ of 25 February 2014 granting the respondent bail. 2. Bail is refused. Catchwords: CRIMINAL LAW - application for review of bail - no presumption for or against bail - serious offence alleged - history of violence against complainant - history of breach of bonds and an Apprehended Domestic Violence Order - concern for safety of complainant - bail refused Legislation Cited: Bail Act 1978 (NSW) Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Cases Cited: Haoui v R [2008] NSWCCA 209; (2008) 188 A Crim R 331 R v Chehab [2013] NSWCCA 62 R v Petroulias [2010] NSWCCA 95 Category: Principal judgment Parties: Regina Murray Robert Leahy Representation: Counsel: Ms H Wilson SC (Crown) Mr T Quilter (Respondent) Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2014/4175 Decision under appeal Jurisdiction: 9111 Date of Decision: 2014-02-25 00:00:00 Before: Barr AJ File Number(s): 2013/227059