R v Pratley [2014] NSWSC 1974

Supreme Court New South Wales

Medium Neutral Citation: R v Pratley [2014] NSWSC 1974 Hearing dates: 4 June 2014 Decision date: 04 June 2014 Jurisdiction: Common Law Before: Campbell J Decision: Conditional bail granted Catchwords: CRIMINAL LAW - bail Category: Procedural and other rulings Parties: Regina (Crown) Jamey Marie Pratley (Applicant) File Number(s): 2014/00108836

Judgment 1. HIS HONOUR: This is an unfortunate case. There is no issue that I should grant Ms Pratley bail. The issue is whether I am empowered to grant conditional bail. Mr Zaki very persuasively has argued that at the threshold level I could not be satisfied on the balance of probabilities that there is an unacceptable risk of Ms Pratley failing to appear, committing a serious offence, endangering the victims or interfering with witnesses and there is much in what he says. 2. The thing that concerns me about this case, however, is that it is quite clear that Ms Pratley has intellectual and perhaps mental and certainly neurological conditions, which make her a very susceptible person. In fact, I doubt very much that she would be facing these charges but for the malevolent influence of another person. To my mind it is that consideration that persuades me that there is an unacceptable, albeit relatively low, risk of Ms Pratley endangering the safety of other persons in the community. 3. Sadly for her, her children are no longer in her care but are being looked after by government authorities. But it still seems to me that unless conditions are imposed which will be a constant reminder to Ms Pratley not to have any contact with the malevolent other person and to provide for her living in a safe place where she could be helped in that regard, as well as the reminder that by reporting to the police she is still facing serious charges and needs to be of good behaviour that that unacceptable risk remains real enough. 4. So I find there is - it is marginal but on the balance of probabilities I find there is - an unacceptable risk, however, in accordance with s 20 I am not satisfied that the unacceptable risk cannot be sufficiently mitigated by the imposition of conditions of the type that I have referred to. My decision is that bail is granted with conditions. FOR BAIL CONDITIONS SEE COURT FILE