JM v R [2015] NSWSC 978

Supreme Court New South Wales

Medium Neutral Citation: JM v R [2015] NSWSC 978 Hearing dates: 25 June 2015 Date of orders: 22 July 2015 Decision date: 22 July 2015 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Bail granted. See [135] for conditions. Catchwords: BAIL – charge of murder – show cause requirement – assessment of strength of Crown case – self-defence raised by evidence in Crown case – where applicant young – where applicant never previously in custody – where applicant has history of breaching bail – whether undesirable length in custody awaiting trial – applicant has shown cause as to why detention unjustified – whether unacceptable risk if bail granted – assessment of bail concerns – any concern mitigated by bail conditions – conditional bail granted Legislation Cited: Bail Act 2013 Children (Criminal Proceedings) Act 1987 Court Suppression and Non-Publication Orders Act 2010 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Mental Health Act 2007 Cases Cited: Chau v DPP [1995] 37 NSWLR 639 Chu Kheng Lim v Minister for Immigration [1992] HCA 64; (1992) 176 CLR 1 Clumpoint v DPP [2005] QCA 43 DPP (Cth) v Germakian [2006] NSWCA 275 DPP (NSW) v Campbell [2015] NSWCCA 173 DPP (NSW) v Tikomaimaleya [2015] NSWCA 83 M v R [2015] NSWSC 138 R v Cain (No.1) [2001] NSWSC 116; (2001) 121 A Crim R 365 R v Kugor [2015] NSWCCA 14 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: JM (Applicant) Crown (Respondent) Representation: Counsel: S Boland (Applicant) P Bakalidis (Crown) File Number(s): 2015/87829 Publication restriction: Order that the names of the applicant, the deceased and the witnesses to the events and any material identifying them be suppressed until the conclusion of the trial of the applicant, or further order of the Court, whichever first occurs.