Lewandowski v Sherman
Case
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[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
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Bail
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Jurisdiction
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Appeal
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Limitation Periods
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Res Judicata
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Sentencing
Actions
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Citations
Lewandowski v Sherman [2002] WASC 239
Most Recent Citation
Finlay v The State of Western Australia [2013] WASC 116
Cases Citing This Decision
4
Finlay v The State of Western Australia
[2013] WASC 116
Lai v The State of Western Australia
[2010] WASC 334
Finlay v The State of Western Australia
[2013] WASC 116
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