Regina v Magrin

The Crown appealed to the Court of Criminal Appeal of New South Wales against an order granting bail to the respondent, Mr Magrin. Mr Magrin had been convicted of the offence of sexual intercourse with a child under ten years of age. The central dispute concerned the application of section 9D of the *Bail Act 1978* (NSW) by the District Court judge who granted bail.

The Court was required to determine whether the District Court judge had correctly applied section 9D of the *Bail Act*, and specifically whether appropriate regard had been given to the fact that, in circumstances such as these, there is no presumption in favour of bail.

The Court allowed the Crown's appeal. It reasoned that the District Court judge had failed to give sufficient weight to the serious nature of the offence and the absence of a presumption in favour of bail under the *Bail Act*. The Court found that the judge had not adequately considered the relevant factors required by the legislation when determining whether to grant bail in such a case.

Consequently, the Court of Criminal Appeal revoked the order for bail and remanded the respondent in custody to appear before the District Court for sentencing.