Re Talib

In the matter of Re Talib, the applicant was charged with one count of preparations for foreign incursions into foreign States for the purpose of engaging in hostile activities. The applicant had previously applied for bail, which was refused. The applicant sought bail again on the basis of a material change in circumstances, including a likely significant delay until an indictment was presented and the matter brought on for trial, the satisfaction of section 15AA(2A) of the Crimes Act 1914 (Cth), and the applicant's capacity to leave Australia. The court was required to determine whether these factors constituted a material change in circumstances and whether the applicant represented an unacceptable risk of failing to appear and surrender into custody if released on bail.

The court noted that the applicant was better equipped than other offenders to leave Australia, which was a relevant factor in determining whether the applicant represented an unacceptable risk of failing to appear and surrender into custody if released on bail. The court also considered the likely delay in the prosecution of the case, the custodial conditions under which the applicant was on remand, and the availability of a surety. However, the court found that these factors did not constitute a material change in circumstances sufficient to warrant a grant of bail. The court held that the applicant represented an unacceptable risk of failing to appear and surrender into custody if released on bail.

The court further held that the applicant's capacity to leave Australia was a relevant consideration in determining whether the applicant represented an unacceptable risk of failing to appear and surrender into custody if released on bail. The court found that the applicant was better equipped than other offenders to leave Australia, and that this factor weighed in favour of refusing bail. The court also noted that the applicant had previously applied for bail and been refused, which was a relevant consideration in determining whether the applicant represented an unacceptable risk of failing to appear and surrender into custody if released on bail.

The application for bail was refused.