Regina v Kaddour and Regina v Turkmani

The case of Regina v Kaddour and Regina v Turkmani involved two defendants, Kaddour and Turkmani, who were facing criminal charges. The defendants sought a review of the decisions made by the Supreme Court to revoke their bail, which had initially been granted by a Judge of a co-ordinate jurisdiction. The legal issues before the court centred on the interpretation of the phrase "may" in the Bail Act and the scope of the Supreme Court's discretion in reviewing bail decisions. Specifically, the court had to determine whether the use of "may" in the Bail Act indicated a mandatory or discretionary power for the Supreme Court when revoking bail granted by another court.

The court considered the ordinary meaning of the word "may" and the context in which it appeared in the Bail Act. The court also examined the relevant factors that should be considered in exercising the discretion to review bail decisions. The court concluded that the use of "may" in the Bail Act indicated a discretionary power, not a mandatory one. The court further held that the Supreme Court has the authority to review bail decisions and that the exercise of this discretion should be informed by relevant factors, such as the risk of flight, the risk of interfering with witnesses or obstructing justice, and the seriousness of the offence. The court also emphasised the importance of proportionality and consistency in the exercise of this discretion.

In light of the court's reasoning, the decision to revoke the defendants' bail was found to be lawful, as the Supreme Court had exercised its discretion in accordance with the relevant factors. The court noted that the exercise of discretion must be informed by a principled approach and that the decisions should be consistent with the purpose of the Bail Act. The court further held that the defendants had not demonstrated that the Supreme Court had erred in its exercise of discretion or that the decision was otherwise unlawful. The court dismissed the defendants' applications for a review of the bail decisions.