In this matter Greg Walsh acted for the applicant who had been charged with the murder of his wife. He has initially been refused bail and an application for bail was made to the Supreme Court of New South Wales.
Rothman J heard the application and after extensive argument granted the applicant conditional bail. The issue before the Court was whether in terms of s9C of the 1978, the Court was satisfied that “exceptional circumstances” justify the grant of bail. Rotham J referred to the observations of Johnson J in R v Young (2006) NSWSC 1499.
The crown opposed bail and relied upon the decision of the Court of appeal in the Commonwealth DPP v Germakign (2006) NSWCA 275. His Honour also referred to R v Daron John Wright (unreported 7 June 2005) and R v DPR (unreported 1 August 2007). His Honour made specific reference to the evidence of Professor Yeo as to the needs of the applicant and the danger to his health from his imprisonment. His Honour accepted that the applicant’s medical and health needs are not being met and his health is seriously deteriorating.
His Honour made findings that the other provision of s32 of the Bail Act satisfied his Honour that the application, who has no prior criminal records, should be granted bail on very strict conditions.