R v S [2016] NSWCCA 189

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v S [2016] NSWCCA 189 Hearing dates: 12 August 2016 Date of orders: 12 August 2016 Decision date: 12 August 2016 Before: Macfarlan JA Hall J Bellew J Decision: Orders made on 12 August 2016: (1) The detention application is granted. (2) Bail is refused. (3) The respondent is to be returned to custody. Catchwords: BAIL – Crown application for detention – Serious offending – Where some of the alleged offending was committed whilst on bail – Strong Crown case – Inevitable custodial sentence if convicted – Reduction in level of immediate family support since respondent's initial release – Cause not shown – Detention application granted Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Director for Public Prosecutions (NSW) v Brooks [2015] NSWCCA 190 R v Kugor [2015] NSWCCA 14 Category: Principal judgment Parties: Crown – Applicant S – Respondent Representation: Counsel: Mr H Baker – Crown Ms C O'Neill – Respondent

Solicitors: Director of Public Prosecutions (NSW) – Crown Aboriginal Legal Service – Respondent File Number(s): 2016/153811 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Common Law Date of Decision: 19 July 2016 Before: Garling J