Lock v The Queen

The applicant, Lock, sought release on bail pending the outcome of his trial for the alleged murder of a two-year-old child. The trial was set for April 2017. The Court of Appeal considered whether Lock had demonstrated sufficient cause to warrant his release from custody, given the three-year period that had elapsed between his charge and the scheduled trial date. The central issue before the court was whether the applicant had effectively shown cause for his release that would demonstrate the detention was no longer justified.

The Court of Appeal addressed the requirement to show cause by examining the factors outlined in the relevant statutes and case law. It considered the length of time Lock had been detained, the nature and gravity of the offence, the likelihood of the applicant absconding, and the potential impact of continued detention on his right to a fair trial. The court held that Lock had not provided any compelling reasons for his release that would outweigh the need for his continued detention, particularly given the seriousness of the charges and the potential risk to the community. The Court of Appeal was also mindful of the importance of ensuring that the administration of justice is not unduly delayed.

In conclusion, the Court of Appeal dismissed Lock's application for bail. The court found that the applicant had not shown sufficient cause to warrant his release from custody. The appeal was dismissed, and Lock remained in custody pending his trial.