R v Choi (No 9)

In the case of R v Choi (No 9), the respondent was before the Supreme Court of Victoria on an application for an extension of the time limit for a bail application. The respondent had been in custody since 2016 and was awaiting trial for serious criminal charges, including conspiracy to traffic in a commercial quantity of drugs. The application was brought pursuant to section 58A of the Sentencing Act 1991 (Vic), which allows the court to extend the time limit for making a bail application if the delay was caused by circumstances beyond the applicant's control.

The court was required to determine whether the delay in making the application was due to circumstances beyond the respondent's control and whether an extension of time should be granted. The respondent argued that the delay was due to difficulties in obtaining legal representation and the complexity of the case. The prosecution argued that the respondent had been aware of the charges and the potential consequences since his arrest and that the delay was due to his own inaction.

The court found that the respondent had not demonstrated that the delay was due to circumstances beyond his control. The court held that the respondent had been aware of the charges and the potential consequences since his arrest and that he had not taken reasonable steps to obtain legal representation or to make a bail application within a reasonable time. The court also noted that the respondent had not provided any evidence to support his claim that the delay was due to difficulties in obtaining legal representation. The court held that the application for an extension of time should be dismissed.

The court ordered that the application for an extension of time be dismissed and that the respondent's bail application be struck out. The court noted that the respondent remained in custody and that he could make a further application for bail if his circumstances changed.