Exceptional circumstances, division 3A Bail Act 1978 (NSW) (1 Viewer)

[= Jennifer =]

Hey I was just hoping someone could clarify what exceptional circumstances are?

for example s 9C Murder states:

An authorised officer or court is not to grant bail to a person in respect of an offence of murder unless the authorised officer or court is satisfied that exceptional circumstances justify the grant of bail.

another example is found in s 9D Repeat offenders—serious personal violence offences

(1) An authorised officer or court is not to grant bail to a person in respect of a serious personal violence offence if the person is a repeat offender unless the authorised officer or court is satisfied that exceptional circumstances justify the grant of bail.

after reading the legislation a numerous amount of times I think 'exceptional circumstances' are discretionary and subjective would my conclusions be correct?

 

[MiuMiu]

It is very much a matter of discretion. But yeah, certainly a presumption against bail for murderers hehe.

 

[Meldrum]

Not to challenge you lawful people but isn't it "sufficiently exceptional circumstances" as of some decisions where a guy was killed in remand?

 

[MiuMiu]

Come again?

 

[Meldrum]

Sorry, but I was always told it was sufficiently exceptional.

You might learn that one later.

 

[MiuMiu]

Told by who?

 

[melsc]

Sorry, but I was always told it was sufficiently exceptional.

You might learn that one later.

Someone sounds as if he knows something we all don't

 

[MiuMiu]

Yeah I don't really understand Meldrum but I think he is just trying to cause some trouble.

Doesn't change the fact that I don't understand how 'sufficiently exceptional' is any different to 'exceptional'

You might learn that one later.

I've done Advanced crim, I don't think there is a 'later'

 

[melsc]

^ btw love ur simpsons quote :uhhuh:

I think he is trying to say it only has to be exceptional 'enough' if you get me however...as you said it means the same thing as there would be a benchmark for "exceptional' wouldnt there...

I don't know obviously I havent studied law, but I think thats what he means?

 

[MiuMiu]

Yeah I mean in the end I guess its just semantics, but exceptional wouldn't be exceptional if it wasn't sufficiently so would it?

 

[ManlyChief]

Hey I was just hoping someone could clarify what exceptional circumstances are?

for example s 9C Murder states:

An authorised officer or court is not to grant bail to a person in respect of an offence of murder unless the authorised officer or court is satisfied that exceptional circumstances justify the grant of bail.

another example is found in s 9D Repeat offenders—serious personal violence offences

(1) An authorised officer or court is not to grant bail to a person in respect of a serious personal violence offence if the person is a repeat offender unless the authorised officer or court is satisfied that exceptional circumstances justify the grant of bail.

after reading the legislation a numerous amount of times I think 'exceptional circumstances' are discretionary and subjective would my conclusions be correct?

Sounds pretty discretionary to me. To my knowledge the meaning og 'exceptional' in this section has not really come up for much judicial consideration - I am only aware of R v Hantis [2004] NSWSC 153 (an application for bail) actually considering the section - and I don't even think the court there really defined 'exceptional' ... it's been too long since I did Crim.