Iordache v DJM

The case of Iordache v DJM involved the respondent, who was on bail for 94 offences, allegedly committing six further offences while on that bail. These additional offences included break, enter and steal and armed robbery in company where violence was threatened. The respondent has a history of offending, and upon being charged with the further offences, bail was granted. The police subsequently applied for a review of this grant of bail. The court was required to determine if there was an unacceptable risk that the respondent would commit an offence that endangered the safety of the community or the safety or welfare of a person, and if conditions on release on bail could be imposed to render any such risk acceptable.

The court considered the nature and seriousness of the new offences, the respondent’s history of offending and the risk of reoffending. The court also took into account the need to protect the community and the potential impact on the safety or welfare of any particular person. Given the serious nature of the new offences, the court found that there was an unacceptable risk that the respondent would commit an offence that endangered the safety of the community or the safety or welfare of a person. The court held that no conditions on release on bail could be imposed to render any such risk acceptable.

Accordingly, the court set aside the grant of bail made on 7 June 2023 and ordered that the respondent be remanded in custody.