R v Clarke II

This case involved an appeal against the refusal of bail by the Supreme Court of the Australian Capital Territory. The applicant, Peter Daniels Clarke II, was convicted of serious offences and had been on bail for a significant period. The Crown opposed bail, citing a flight risk due to the settlement of a civil action and the applicant's alleged intent to defraud. The Full Court of the Supreme Court reviewed the decision, acknowledging the risk of flight but finding that the Crown had failed to establish a significant change in circumstances since the previous grant of bail. The Full Court granted bail on stringent conditions, emphasizing the need for the applicant to be at liberty to properly prepare for sentencing. The decision highlighted the importance of the balancing process under the Bail Act, considering factors such as the flight risk, the applicant's background, and the need for the applicant to be at liberty to instruct legal advisers.