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[1998] NSWSC 751
mixed. Bail application adjourned to 17 June 1998 to enable applicant to investigate and arrange institutional or supervisory care options; no indication given that bail would be granted, with court...
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A man with a serious heroin addiction and long history of theft-related crimes applied for bail. The judge said bail would only be considered if strict conditions could be put in place, including supervised care or rehabilitation. The applicant's lawyer asked for three weeks to investigate these options. The judge agreed to postpone the hearing to allow this preparation, but made clear that bail was unlikely to be granted.
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The Supreme Court of New South Wales Common Law Division
HIS HONOUR: I am not going to regard this matter as part heard before me but I am going to direct that these remarks be taken out so they can be put on the file for whoever the matter might come before.
In the matter of Shane Prasad, application for bail was made in circumstances which revealed that the applicant, it was alleged, had a severe drug habit and a record such as to indicate numerous offences of dishonesty committed frequently and committed almost whenever the applicant was not in custody or under supervision. This matter being drawn to the attention of the applicant's representative, Ms. Goulston of the Legal Aid Commission, an indication was sought as to where the applicant would go in the event of bail being granted.
I was informed that the applicant's father was willing to take the applicant back home but had not been aware of the seriousness of the applicant's heroin problem. I was further informed that there had been some suggestion of assistance by way of counselling whilst the applicant was under the supervision of one departmental officer and that the applicant had been involved in a previous rehabilitation course recently which he had not concluded. It was put to me that it would be sought that the applicant return to his home.
I indicated that, were the application to be successful, it would only be on the basis of stringent conditions involving some such institutional or supervisory care as could mitigate the court's concern about the commission of future offences. At that point, Ms. Goulston sought some instructions and sought that the matter stand over to commence, if necessary, afresh before a new judge in some three weeks time to enable the application to be properly prepared so as to look at that question of where the applicant might go if bail were to be granted.
No indication is given by this course, or indeed by anything that has been said, that bail will be granted. Indeed, if anything, the contrary. Nonetheless, I am unwilling to deny the applicant the opportunity to do what he can in the interim and, consequently, vacate this hearing before me and stand the matter over to 17 June 1998, there being no opposition to this course from the Crown.
Regina
Prasad Matter No 71968/98 [1998] NSWSC 751
Bail application adjourned to 17 June 1998 to enable applicant to investigate and arrange institutional or supervisory care options; no indication given that bail would be granted, with court suggesting the contrary