R v Melmeth [2015] NSWSC 1762

Supreme Court New South Wales

Medium Neutral Citation: R v Melmeth [2015] NSWSC 1762 Hearing dates: 18 November 2015 and 24 November 2015 Date of orders: 24 November 2015 Decision date: 24 November 2015 Jurisdiction: Common Law - Criminal Before: Schmidt J Decision: Bail granted with conditions. Catchwords: CRIMINAL LAW – bail – application for bail – show cause obligation – applicant type 1 diabetic – management of illness in custody – cause shown – bail concerns and unacceptable risks – bail granted with strict conditions Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Category: Principal judgment Parties: Carly Melmeth (Applicant) Regina (Respondent/Crown) Representation: Solicitors: Mr D Laird (Respondent/Crown) M P Ryan (Applicant) File Number(s): 2015/285450 Publication restriction: None

EX TEMPORE Judgment 1. On 18 November 2015 the applicant pursued her application to be released on bail, having been charged with serious offences under the Crimes Act 1900 (NSW) of wound person with intent to cause grievous bodily harm (s 33(1)(a)) and detain in company (s 86(3)). She has been in custody bail refused since her arrest on 30 May 2015. 2. The applicant is next due before the Newcastle Local Court on 2 December, when the balance of the brief is due to be served. The charges involve a co-accused and a victim, on the applicant's case another drug user, who claims to have been detained by the two accused, threatened, forced to use a drug and very seriously assaulted. The charges are defended. 3. There is no issue that it is likely that there will be a very considerable further delay in the matter going to trial in the District Court. The applicant has been advised that it will not be heard before October 2016. That is not disputed. 4. The Crown opposes bail.