Hoddy v Hawes

The applicant, Lesley Thomas Hoddy, was charged with causing explosions likely to cause serious injury to property in Ora Banda. He applied for bail pending his trial. The Crown opposed the application. Hasluck J considered the Bail Act 1982 and the relevant case law, and concluded that the applicant was obliged to demonstrate exceptional circumstances in order to justify a grant of bail. The court gave weight to the applicant's ties to the State, the length of time likely to elapse before the trial, and the applicant's challenge to the strength of the Crown case. The court was also mindful of the applicant's threats to the police and the risk that these could prejudice the integrity of the trial process. Ultimately, the court considered that the risks of this kind were not sufficient to outweigh the other factors in favour of bail. The court granted bail, subject to certain conditions.