Collins v The Queen

Collins appealed to the Supreme Court of Queensland against a District Court judge's refusal to grant him bail. Collins had been charged with murder following an incident in which a person died.

The central legal issue before the Supreme Court was whether leave to appeal was required for an application to review a bail refusal in the circumstances of this case. The Court also considered the principles governing the grant or refusal of bail, particularly where the applicant faces a serious charge like murder and there is evidence of unusual behaviour immediately preceding the alleged offence.

The Supreme Court held that leave to appeal was not required in this instance, as the appeal was against a refusal of bail by a judge of the Supreme Court or a court of like jurisdiction. The Court then applied the established principles for assessing bail applications, weighing the seriousness of the charge against the applicant's circumstances and the risk of flight or further offending. The Court noted that while the evidence of bizarre behaviour was relevant to the charge, it did not, in itself, preclude the grant of bail, provided other considerations were satisfied.

The Court allowed the appeal, set aside the order refusing bail, and remitted the matter to the District Court for reconsideration of the bail application.