R v Maguire (No. 2)

The case of R v Maguire (No. 2) involved the appellant, who was already on bail for a previous offence, being charged with a new offence. The Crown sought to have the appellant detained on the grounds that the new offence constituted a serious indictable offence and that there were reasonable grounds to believe that the appellant would not appear in court if released on bail. The matter was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the Crown had made out a case for the appellant to be detained, and whether the appellant's bail should be revoked. The court had to consider the nature of the new offence, the appellant's history of failing to appear in court, and whether the appellant posed a risk to the community if released on bail. The court also had to consider whether the appellant had a real prospect of being acquitted of the new offence.

The court found that the Crown had established a case for the appellant to be detained. The new offence was serious and there were reasonable grounds to believe that the appellant would not appear in court if released on bail. The appellant had a history of failing to appear in court and was considered a risk to the community if released on bail. The court also found that the appellant did not have a real prospect of being acquitted of the new offence. The court revoked the appellant's bail and ordered that the appellant be detained forthwith.