July 26, 2013

Sexual Assault DPP v RM Bail Application

Facts – Sexual Assault DPP v RM

RM had been charged by police with three counts of aggravated assault while inflicting actual body harm on the victim and a single charge of taking and detaining a person with intent of sexual intercourse with them.

The allegations were that RM had tied up and sexually assaulted the complainant over a period of time, causing bruising and lacerations to her body in the process of the detention and the sexual assault.

RM was refused bail in the Local Court.  He applied for bail in Supreme Court of New South Wales.

Held

After hearing detailed submissions over the course of three hours and evidence from the accused family, the accused and the officer in charge of the investigation, the Supreme Court granted bail on strict conditional terms.  The Court was informed that the evidence against RM was not as strong as suggested by police when the brief of evidence had been considered in full.  Further, the family had agreed to guarantee the bail by way of surety and lodgement of security in the sum of a very significant sum of money and agreed to forfeit that sum if RM failed to comply with his bail undertaking.

Other strict conditions of bail meant that the Court could be confident that RM would attend Court, would not commit any offences (he had no criminal history) and would appear at Court for the proceedings to continue.

The Supreme Court granted bail.