NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Unasa [2017] NSWDC 291 Hearing dates: 9 May 2017 Date of orders: 11 May 2017 Decision date: 11 May 2017 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: The release application is declined Catchwords: BAIL – RELEASE APPLICATION – SHOW CAUSE OFFENCE – whether cause shown by one or multiple factors – whether cause shown by lengthy delay – whether Crown case weakened by absence of a witness – cause shown UNACCEPTABLE RISK – whether unacceptable risk of interfering with witnesses or evidence – whether unacceptable risk of failing to appear at proceedings Legislation Cited: Bail Act 2013 (NSW) ss 16A(1), 18(1) and 20A(2) Crimes (Sentencing Procedure) Act 1999 (NSW) s 9 Crimes Act 1900 (NSW) ss 27, 29 and 33(1)(b) Evidence Act 1995 (NSW) ss 38(1) and 65(2) Firearms Act 1996 (NSW) s 7(1) Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 JM v R [2015] NSWSC 978 R v S [2016] NSWCCA 189 R v Xie [2015] NSWSC 1833 Category: Procedural and other rulings Parties: Mr Muaimalae Unasa (Accused) Regina (Crown) Representation: Counsel: Ms T Evers (Accused) Mr K Gilson (Crown)
Solicitors: Katsoolis & Co (Accused) Solicitor for the Director of Public Prosecutions (Crown) File Number(s): 2015/114884
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