Lewandowski v Sherman

Case

[2002] WASC 239


Details
AGLC Case Decision Date
Lewandowski v Sherman [2002] WASC 239 [2002] WASC 239

CaseChat Overview and Summary

In Lewandowski v Sherman, Anthony Lewandowski applied for bail pending his trial for charges including perjury and related offences. The court had to balance the presumption of innocence against the public interest in the trial proceedings. The Crown opposed bail, arguing Lewandowski posed a significant flight risk and the charges were serious. However, the court found that the Crown had not demonstrated a sufficient degree of risk that Lewandowski would fail to appear for trial. The court allowed bail subject to conditions aimed at reducing the risk of non-appearance, including a personal bail undertaking, a surety undertaking by Lewandowski's mother, residence at a prescribed address, and regular reporting to police. The court held that the presumption of innocence and Lewandowski's residential and family links to the State weighed in favour of granting bail.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Bail

  • Jurisdiction

  • Appeal

  • Limitation Periods

  • Res Judicata

  • Sentencing

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Cases Citing This Decision

4

Cases Cited

12

Statutory Material Cited

0

Saka v The Queen [2001] WASC 92
Cooper v Corvisy [2010] ACTSC 165
Ribot-Cabrera v The Queen [2004] WASCA 101