R v Fallon (a pseudonym) - [2017] NSWSC 1796

Supreme Court

New South Wales

Medium Neutral Citation: R v Fallon (a pseudonym) [2017] NSWSC 1796
Hearing dates: 13 December 2017
Date of orders: 19 December 2017
Decision date: 19 December 2017
Jurisdiction: Common Law
Before: Campbell J
Decision:
(1) The applicant’s release application is dismissed;
(2) Under s 7 Court Suppression and Non-Publication Orders Act 2010 (NSW), information tending to reveal the identity of the applicant is suppressed until the conclusion of the criminal proceedings against him on the ground expressed in s 8(1)(a). Effect is to be given to this order by referring to the applicant by the pseudonym “Fallon”.
Catchwords:
CRIMINAL LAW – bail – release application – show cause offences – where multiple previous release applications – consideration of s 74 Bail Act 2013 (NSW) – release application dismissed
WORDS AND PHRASES – “material” – s 74 Bail Act 2013 (NSW) – Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to
Legislation Cited: Bail Act 2013 (NSW)
Court Suppression and Non-Publication Orders Act 2010 (NSW)
Evidence Act 1995 (NSW)
Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33
Category: Principal judgment
Parties: Mr Fallon (Applicant)
NSW Director of Public Prosecutions (Crown)
Representation:
Counsel: M.J. Finnane QC (Applicant)
McAuliffe (Crown)
Solicitors: Longton Legal (Applicant)
Solicitor for Public Prosecutions (Crown)

File Number(s): 2017/335014

Judgment

Background

The applicant is charged with drug supply and related offences. There are eleven counts, of which sequences 1, 6 and 11 may be taken to be the most serious. Sequence 1 alleges the supply of 488.8 grams of cocaine on 19th January 2016; sequence 6 alleges that he knowingly took part in supplying more than a large commercial quantity of cocaine between 20th May 2015 and 16th October 2015; and sequence 11 alleges that he supplied 509.4 grams of cocaine on 17th December 2015. Clearly, the charges were not preferred in chronological order. The other charges relate to the alleged supply of lesser amounts of the drug and a number of counts of knowingly dealing with the proceeds of crime. The total amount involved in the proceeds of crime matters approaches $500,000. The applicant has pleaded not guilty and he is to stand trial in the Sydney District Court commencing on Monday 13th August 2018. The trial has a 25 day estimate.
On Wednesday, 13th December 2017, I heard an application to hear a further release application under s 74 Bail Act 2013 (NSW) on the sole ground that material information relevant to the grant of bail is to be presented in the application that was not presented to the Court in previous applications.

Suppression orders

As I think it appropriate that this judgment be published and as it involves the consideration of the nature and the strength of the Crown case against the applicant, I also consider it appropriate to make an order under the Court Suppression and Non-Publication Orders Act 2010 (NSW) to suppress the applicant’s identity until the conclusion of his trial.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Fallon (a pseudonym)

Details

AGLC: R v Fallon (a pseudonym) [2017] NSWSC 1796
Case: [2017] NSWSC 1796
Decision Date: 19 December 2017

CaseChat Overview and Summary

The defendant, Fallon, applied for bail in the Local Court of New South Wales, after being charged with several offences. The matter was referred to the District Court, where the application was dismissed. Fallon appealed to the Supreme Court. The primary legal issue before the court was whether the defendant was eligible for bail under section 74 of the Bail Act 2013 (NSW). The court had to consider Fallon's history of show cause offences and multiple previous bail applications in determining the eligibility for bail.

The court examined the definition of "material" in the context of section 74, referencing the Australian Broadcasting Tribunal v Bond decision. The court found that the term "material" was not limited to written documents, but could include any evidence that could be used to show cause against the grant of bail. The court noted that Fallon's history of show cause offences, including breaches of bail conditions, was a significant factor in denying the application for bail. The court also considered the seriousness of the current charges and the risk of reoffending if released on bail.

The Supreme Court dismissed the appeal and upheld the decision of the District Court to deny bail. The court found that the cumulative weight of the defendant's history of show cause offences, the seriousness of the current charges, and the risk of reoffending if released on bail outweighed any arguments in favour of bail. The court emphasised the importance of considering the principles of justice and public safety in determining bail applications, particularly in cases where the defendant has a history of breaching bail conditions.

Orders