R v Pleterski [2016] NSWCCA 14

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Pleterski [2016] NSWCCA 14 Hearing dates: 5 February 2015 Date of orders: 05 February 2015 Decision date: 15 February 2016 Before: Hoeben CJ at CL at [1] Beech-Jones J at [1] Wilson J at [1] Decision: The Crown's detention application should be granted. The respondent's bail is revoked and he is to be returned to custody. Catchwords: BAIL – detention application made by Crown – additional information becoming available after successful bail application – Crown case significantly strengthened – strong Crown case – unacceptable risk to victim and witnesses established – unacceptable risk not able to be sufficiently mitigated by bail conditions – detention application granted and bail revoked. Legislation Cited: Bail Act 2013 – s 49, s 50 Crimes Act 1900 ss 33B(1), 47, 61, 195(1)(b) Crimes (Domestic and Personal Violence) Act 2007 - s 13(1) Mental Health Act 2007 Mental Health (Forensic Provisions) Act 1990 – s 55(1) Category: Principal judgment Parties: Regina - Applicant Milan Darko Pleterski - Respondent Representation: Counsel: Mr E Balodis – Applicant Crown Respondent in Person

Solicitors: Solicitor for Public Prosecutions – Applicant Crown Respondent in Person File Number(s): 2015/341915 Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Bail Date of Decision: 25 January 2016 Before: Davies J File Number(s): 2015/341915