R v BNS

The case of R v BNS was heard in the Supreme Court of New South Wales. The defendant, BNS, was facing a charge of supplying a commercial quantity of a prohibited drug. BNS had previously been granted bail, and now sought further bail on the grounds that the identity of the surety had changed and the sum offered had increased. The prosecution opposed the application, arguing that there was an unacceptable risk of non-appearance.

The court was required to consider whether there were grounds to hear a further bail application, and whether the changed circumstances justified a reconsideration of the bail conditions. The court also needed to determine whether there was an unacceptable risk of non-appearance, given the nature of the charge.

The court held that the change in the identity of the surety and the increased sum offered did not, in themselves, constitute grounds for a further bail application. However, the court found that there was an unacceptable risk of non-appearance due to the seriousness of the charge and the potential sentence. The court noted that the defendant had a history of drug-related offending and had previously breached bail conditions. The court also considered the potential impact on the community if the defendant was released on bail.

The court ultimately refused the application for further bail. The defendant was ordered to remain in custody until the conclusion of the proceedings.