September 17, 2015

DPP v JMM: Show Cause Provisions

Detention application, Bail Act 2013 (NSW) s 50 – show cause provisions, Bail Act 2013 (NSW) s 16A – unacceptable risk provisions, Bail Act 2013 (NSW) s 19 – handle/use firearm under the influence of alcohol, Firearms Act 1996 s 64 – bail – rural NSW

Facts:

JMM had been granted bail pending several charges. The DPP made a detention application in an attempt to revoke JMM’s bail. The charges related to an incident in which JMM, intoxicated, had threatened to shoot the victim and had raised a loaded shotgun to the victim’s head.

Outcome:

The judge in the Court of Criminal Appeal found that O’Brien Solicitors had shown cause as to why JMM’s detention was not justified. Relevant to this finding was the fact that JMM was 65 years of age, had no history of violent offending. Furthermore, given the infrequency of sitting at the Local Court at Wee Waa, there was the possibility that – if JMM’s bail was revoked – his pre-sentence custody may well exceed any custodial sentence. The Court of Criminal Appeal then found that JMM was not an unacceptable risk to the community. As such, the DPP’s detention application was refused.