Mikhail v The State of Western Australia

The matter before the court involved Mikhail, who was facing two charges of wilful murder. The dispute centred on whether Mikhail should be granted bail pending his trial. The case was heard by the Supreme Court of Western Australia. The primary issue before the court was whether there were exceptional reasons why Mikhail should not be kept in custody. The court had to consider the impact of the unnecessary delay in the trial due to the late disclosure of evidence by the prosecution. The delay had already caused significant hardship for Mikhail, who had been in custody for an extended period.

The court examined the principles governing bail applications in cases involving serious charges such as wilful murder. It considered the potential prejudice to Mikhail if he remained in custody, including the impact on his mental health and the risk of pre-trial incarceration affecting his right to a fair trial. The court also assessed the seriousness of the charges, the evidence available, and the likelihood of Mikhail attending his trial if released on bail. Given the significant delay caused by the prosecution's late disclosure, the court found that exceptional circumstances existed warranting Mikhail's release on bail. The court determined that the prejudice caused by the delay outweighed the need to keep Mikhail in custody.

The Supreme Court of Western Australia granted Mikhail bail pending his trial. The court set specific conditions for his release, including electronic monitoring and residence restrictions. The decision highlighted the importance of timely prosecution disclosure and the need to balance the rights of the accused with the public interest in ensuring justice is served. The final orders of the court included the release of Mikhail on bail with the specified conditions, pending his trial on the charges of wilful murder.