Re Carmichael

In the case of Re Carmichael, the applicant was seeking bail prior to the commencement of his trial for the murder of Gregory Armstrong. The trial was scheduled to begin on 12 October 2020 before Applegarth J in Brisbane. This was the second application for bail. The Crown opposed the application, citing the applicant’s history of violence and allegations that his partner had interfered with witnesses at the committal stage.

The court was required to decide whether there had been a material change in circumstances since the first bail application, and whether the applicant had demonstrated that his continued detention in custody pending trial was not justified. Additionally, the court had to assess whether the risk of the applicant interfering with witnesses was acceptable. The applicant had a history of violence, and the Crown case faced some difficulties. The court had to weigh these factors against the applicant’s right to liberty and the need to ensure the integrity of the trial process.

The court dismissed the application for bail. It found that the applicant had not demonstrated a material change in circumstances since the first application and that the risk of witness interference remained a significant concern. The history of violence and the Crown’s case difficulties weighed heavily against granting bail. The court concluded that the applicant’s continued detention was justified to ensure the proper administration of justice and to protect potential witnesses.

The final orders were that the application for bail was dismissed, and the applicant would remain in custody pending the commencement of the trial on 12 October 2020.