Supreme Court
New South Wales
Medium Neutral Citation: Kitanovski v R [2024] NSWSC 732 Hearing dates: 11 June 2024 Date of orders: 18 June 2024 Decision date: 18 June 2024 Jurisdiction: Common Law Before: Walton J Decision: I grant the release application in terms of conditions proposed by the applicant as amended.
Catchwords: BAIL – bail review application – s 74(3)(c) of the Bail Act – further release application – change of circumstance – fixing of a trial date – delay – show cause –AN0M – strength of Crown case AN0M – lawful reason for release – whether unacceptable risk – risk of failing to appear – risk of serious offence – release application granted on bail conditions
Legislation Cited: Bail Act2013 (NSW)
Crimes Act 1900 (NSW)
Crimes Act 1914 (Cth)
Criminal Code Act 1995 (Cth)
Criminal Procedure Act 1984 (NSW)
Evidence Act 1995 (NSW)
Surveillance Devices Act 2004 (Cth)
Cases Cited: A1 v R; A2 v R [2016] NSWSC 1288
Clinch v The Queen (1994) 72 A Crim R 301
D108 v The King [2023] NSWCCA 28
Director of Public Prosecution (NSW) v Tony Mawad [2015] NSWCCA 227
Director of Public Prosecution v Zaiter [2016] NSWCCA 247
Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83
Jones v OPP (Cth) (Supreme Court (NSW), Ierace J, 5 December 2023, unrep)
Mate v R (Supreme Court (NSW), Yehia J, 30 September 2022, unrep)
Moukhallaletti v Director of Public Prosecution (NSW) [2016] NSWCCA 314
Mulahalilovic v R (Supreme Court (NSW), Rothman J, 1 August 2006, unrep)
R (Cth) v Ayhan Dogan (Supreme Court (NSW), Weinstein J, 31 August 2023, unrep)
R (Cth) v Filipaina (Supreme Court (NSW), Harrison CJ at CL, 27 November 2023, unrep)
R v Cain (No 1) (2001) 121 A Crim R 365
R v Christos Siafakas (Supreme Court (NSW), Adams J, 4 February 2023, unrep)
R v Fallon (a pseudonym) [2017] NSWSC 1796
R v Filipe (Supreme Court (NSW), Walton J, 8 February 2024, unrep)
R v Ftelianos [2017] NSWCCA 211
R v Gountounas [2018] NSWCCA 40
R v Okusitino; R v Lavulo; R v Longi [2024] NSWSC 143
R v Peters (Supreme Court (NSW), Harrison CJ at CL, 27 November 2023, unrep)
R v TB & ANOR (No 3) [2023] SASC 61
Texts Cited: Shorter Oxford English Dictionary, 6th ed (2007)
Category: Principal judgment Parties: Jovanco Kitanovski (Applicant)
The CrownRepresentation: Counsel:
Solicitors:
A Djemal (Applicant)
D New (Crown)
O’Brien Hudson Solicitors (Applicant)
CTH DPP (Crown)
File Number(s): 2024/161625 Publication restriction: Nil
JUDGMENT
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The applicant, Jovanco Kitanovski, makes a release application under s 49 of the Bail Act2013 (NSW)…
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- AGLC
- Kitanovski v The King [2024] NSWSC 732
- Case
- [2024] NSWSC 732
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented by both parties and considered the principles set out in section 74(3)(c) of the Bail Act. The defendant argued that the fixing of a trial date and the associated delay constituted a change of circumstance that should be considered for bail. The Crown opposed the application, highlighting the strength of the case against the defendant and the risk he posed to the community. The court held that the fixing of a trial date did constitute a change of circumstance, which justified a review of the bail conditions. The court also noted that there was no evidence to suggest that the defendant posed an unacceptable risk to the community or that he would fail to appear for trial if released on bail.
In light of the arguments presented, the court determined that the defendant had provided a lawful reason for his bail application. The court found that there was no unacceptable risk to the community if the defendant were to be released on bail, provided that certain conditions were imposed. The court concluded that the risk of the defendant failing to appear for trial was minimal, and the delay in proceedings did not negate the strength of the Crown case. As a result, the court granted the defendant's bail application, subject to the imposition of specific bail conditions.
The court ordered that the defendant be released on bail, subject to the conditions that he reside at a specified address, report to a bail justice weekly, and refrain from any contact with witnesses or persons involved in the proceedings. The defendant was also required to surrender his passport and refrain from leaving the state of Queensland without the permission of the court. The court further directed that the defendant's bail be reviewed if any of the conditions were breached or if there were any changes in the circumstances of the case.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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