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Bunyan v The King
[2025] NSWSC 1216
Citation 1
(Para 29)
…ail it is appropriate to emphasise two matters. First, bail is not to be denied to the person as a punishment: Chau v Director of Public Prosecutions (1995) 37 NSWLR 639 at 655, cited in A1 v R; A2 v R [2016] NSWSC 1288 at [42]. Second, it is not the function of the court on the present application to make a determina…
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The King v Abuelheish (aka Jorban)
[2025] NTSC 47
Citation 2
…os [2025] HCA 16, JM v R [2015] NSWSC 978, Chau v Director of Public Prosecutions (1995) 37 NSWLR 639, R v EM [2025] NTSC 31, RB v R (No 2) [2024] NSWSC 845, R v TB [2025] NSWSC 38, Workpac Pty Ltd v Skene [2018] FCAFC 131 REPRESENTATION: Counsel: Crown: S Bicknell Defendant: J Moore with M Bazzi Solicitors: Crown:Off…
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R v Cranston (No 30)
[2023] NSWSC 216
Citation 3
(Para 5)
…22B of the Bail Act is picked up and applied in this case by s 68 of the Judiciary Act 1903 (Cth): Ngoc Tri Chau v Director of Public Prosecutions (1995) 37 NSWLR 639 at 644 (Gleeson CJ, Kirby P and Powell JA); Lin v Director of Public Prosecutions (DPP) [2017] NSWSC 312 at [40] (Beech-Jones J); Kaya v Commonwealth D…
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R v Cranston (No 28)
[2023] NSWSC 199
Citation 4
(Para 7)
…22B of the Bail Act is picked up and applied in this case by s 68 of the Judiciary Act 1903 (Cth): Ngoc Tri Chau v Director of Public Prosecutions (1995) 37 NSWLR 639 at 644 (Gleeson CJ, Kirby P and Powell JA); Lin v Director of Public Prosecutions (DPP) [2017] NSWSC 312 at [40] (Beech-Jones J); Kaya v Commonwealth D…
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Simpson v R
[2021] NSWCCA 264
Citation 5
…303EK Cases Cited: Cargnello v Director of Public Prosecutions (Cth) (2012) 224 A Crim R 204; [2012] NSWCCA 162 Chau v DPP (1995) 37 NSWLR 639 Chu Kheng Lim v Minister for Immigration (1992) 176 CLR 1; [1992] HCA 64 Clumpoint v Director of Public Prosecutions (Qld) [2005] QCA 43 Director of Public Prosecutions (NSW)…
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ELA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
[2020] FCAFC 230
Citation 6
(Para 15)
…udge’s draft reasons for decision or parts of such a draft, would be contrary to some form of “ constitutional guarantee of fair process ”: cf. Chau v Director of Public Prosecutions (1995) 127 FLR 404 at 417-419 per Kirby P (as his Honour then was). ELA18 – MATTER NSD 670 of 2020…
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Lock v The Queen
[2016] NSWSC 1705
Citation 7
(Para 54)
…the applicant is to be presumed to be innocent of this charge and that bail is not to be denied to the applicant as a form of punishment: Chau v DPP (1995) 37 NSWLR 639 at 655 per Kirby P: Chu Keng Lim v Minister for Immigration (1992) 176 CLR 1; [1992] HCA 64 at 27-28 as cited by Garling J in A1 v R; A2 v R at [42].…
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A1 v R; A2 v R
[2016] NSWSC 1288
Citation 8
(Para 42)
…o be punished before a conviction: Clumpoint v DPP [2005] QCA 43 at [47]. Put differently, bail is not denied to a person as a punishment: Chau v DPP (1995) 37 NSWLR 639 at 655 per Kirby P; Chu Kheng Lim v Minister for Immigration [1992] HCA 64; (1992) 176 CLR 1 at pp 27-28.…
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Lansdowne v Odpp (Qld)
[2013] QMC 19
Citation 9
…at a specified time and place (I Hale, Pleas of the Crown at p96). [10] English law did not recognise any general right to bail ( Chau –v- DPP (1995) 37 NSWLR 639 per Gleeson CJ at 646) prior to the Petition of Right 1627. [11] Historically, a person arrested for a crime was kept in confinement until he could be brou…
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Van Tongeren v Odpp (Qld)
[2013] QMC 16
Citation 10
(Para 1)
…bail derives from the French for hold and deliver. The old common law did not recognise a right of liberty for defendants on remand ( Chau –v- DPP (1995) 37 NSWLR 639 per Gleeson CJ at 646) but from the early medieval period routinely released them into the custody of a surety via a form of habeas corpus as an altern…
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R v Phung
[1999] VSCA 195
Citation 11
…(a) That the section was invalid by reason of its inconsistency with the Commonwealth Constitution, on the footing that the right to a fair trial was embodied in Chapter III of the Constitution by reason of the implicit requirement of the Chapter that judicial power be exercised in accordance with t…
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Frugtniet v Victoria
[1997] HCA 44
Citation 12
…[11] Chau v DPP (1995) 37 NSWLR 639 at 653.…
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Kuczborski v. The State of Queensland
[2014] HCATrans 187
Citation 13
…Public Prosecutions , a decision of the New South Wales Court of Appeal (1995) 37 NSWLR 639.…