Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: A1 v R; A2 v R [2016] NSWSC 1288 Hearing dates: 18 August 2016 Date of orders: 13 September 2016 Decision date: 13 September 2016 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Application by A1 dismissed.
Application by A2 dismissed.Catchwords: BAIL – where first applicant charged with murder and second applicant charged with being an accessory after the fact to murder – show cause offences – Bail Act 2013, s 16B – whether applicants have shown cause why their detention is not justified Legislation Cited: Bail Act 2013
Court Suppression and Non-Publication Orders Act 2010
Crimes Act 1900
Law Enforcement (Powers and Responsibilities) Act 2002Cases Cited: Chau v DPP (1995) 37 NSWLR 639
Chu Kheng Lim v Minister for Immigration [1992] HCA 64; (1992) 176 CLR 1
Clumpoint v DPP [2005] QCA 43
DPP (Cth) v Germakian [2006] NSWCA 275
DPP (NSW) v Tikomaimaleya [2015] NSWCA 83
JM v R [2015] NSWSC 978
M v R [2015] NSWSC 138Texts Cited: Not Applicable Category: Principal judgment Parties: A1 (Applicant)
A2 (Applicant)
The Crown (Respondent)Representation: Counsel:
Solicitors:
A1 (Self Represented)
A2 (Self Represented)
D Robinson (Crown)
Director of Public Prosecutions
File Number(s): 2016/83132 (A1)2016/129842 (A2) Publication restriction: The Court orders that the names of the applicants, the deceased and various witnesses likely to give evidence at the trial, and the events the subject of the applications, and any material tending to identify the individuals, be suppressed. Such order is made until the conclusion of the trial of the applicants or further order of the Court, whichever occurs first.
Judgment
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This judgment deals with two bail applications, one brought by A1 and the other by A2. Both applicants are charged with offences arising out of the death of an individual in 2011.
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The applications were heard together. Many of the submissions were similar, and the Crown case against each is similar. In those circumstances, it is convenient to deliver a single judgment dealing with both applications.
Non-Publication Order
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In order to deal appropriately in this judgment with the applicants’ submissions, it will be necessary to consider a number of different aspects of the Crown case. As is inevitable on a bail application, the material to be considered may or may not be admitted into evidence at the trial of the applicants.
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In order to prevent prejudice to the proper administration of justice, and in order to ensure a fair trial of both of the applicants, it is necessary for the Court to make a suppression order pursuant to s 8 of the Court Suppression and Non-Publication Orders Act 2010.
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I acknowledge that a primary objective of the administration of justice is to safeguard the public interest in open justice: Court Suppression and Non‑Publication Orders Act, s 6. However, it is always necessary to prevent injustice occurring in the circumstances of particular cases. In interlocutory applications such as these, it is important for the Court to…
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- AGLC
- A1 v The Queen; A2 v The Queen [2016] NSWSC 1288
- Case
- [2016] NSWSC 1288
- Decision Date
CaseChat Overview and Summary
The court considered the nature and seriousness of the charges against the applicants, weighing this against the circumstances that each applicant presented in support of their bail application. The gravity of the alleged offences, particularly the charge of murder, was a significant factor in the court’s consideration. The court also examined the applicants' personal circumstances, including their ties to the community, employment history, and any evidence of remorse or cooperation with authorities. The court further assessed the risk of flight and the potential danger to the community if the applicants were released on bail.
After considering the evidence and arguments presented, the court found that the applicants had not shown sufficient cause to warrant their release on bail. The court emphasised the severity of the charges and the potential danger to the community if the applicants were not detained. The court concluded that the applicants' interests in remaining in custody outweighed their interests in being released on bail. Consequently, the applicants' applications for bail were refused.
The final orders of the court were that both A1 and A2 remain in custody pending the resolution of their respective criminal proceedings. The court’s decision reflected the high threshold required to grant bail in cases involving serious offences such as murder and accessory charges.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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