Frigger v The State of Western Australia

The case of Frigger v The State of Western Australia involved the appellant, Frigger, who sought bail pending the determination of her appeal against a conviction. The State of Western Australia opposed the application. The Supreme Court of Western Australia was tasked with deciding whether exceptional circumstances existed that warranted the grant of bail.

The primary legal issue before the court was whether there were exceptional reasons to grant bail to the appellant, considering the risk that she may fail to appear in accordance with her bail undertaking if not kept in custody. The court had to balance the appellant's right to liberty against the need to ensure her attendance at the appeal proceedings. It was necessary to assess the evidence presented regarding the likelihood of the appellant appearing if released on bail, as well as the potential impact on the administration of justice.

The court carefully considered the arguments and evidence presented by both parties. It found that while the risk of the appellant failing to appear was significant, the circumstances of the case warranted a grant of bail. The court determined that exceptional reasons did exist, and it would be proper to grant bail having regard to the risk that the appellant may fail to appear if not kept in custody. The court concluded that the appellant's bail should be granted with strict conditions to ensure her attendance at the appeal proceedings.

The court made an order granting the appellant bail with conditions, including strict reporting requirements and the imposition of a surety. The appellant was required to surrender her passport and refrain from leaving the state without the court's permission. The appeal was to proceed with the appellant on bail, subject to the conditions imposed.