The Commonwealth Director of Public Prosecutions v Lijo

In the Supreme Court of Western Australia, the Commonwealth Director of Public Prosecutions sought to vary the bail conditions of three respondents charged under the Fisheries Management Act 1991 (Cth) with unauthorised commercial fishing. Initially, the respondents were required to deposit $75,000 each in cash and surrender their passports and seaman papers, and were not permitted to leave the metropolitan area. Due to non-payment of the cash deposit, they were briefly detained but were later released on varied bail conditions permitting them to leave the jurisdiction and return to Spain, with their passports and papers deposited at the Australian Embassy in Madrid.

The legal issue before the court was whether the existing bail conditions should be reinstated or whether the financial deposit should be increased to ensure the respondents' attendance at trial. The Commonwealth argued that the current deposit was insufficient to secure their attendance, while the respondents' counsel submitted that the existing conditions were sufficient and that the respondents should be allowed to return to Spain. The court considered the respondents' lack of English proficiency, social isolation, and the potential hardship of remaining in Australia for an extended period. The court also assessed the strength of the Crown case, the potential penalty, and the respondents' likelihood of applying for social security payments.

The court determined that the existing bail conditions were too harsh and should not be reinstated unless it was reasonably clear that their attendance at trial could not be secured otherwise. It was established that the respondents' employer, who had provided the bail deposit, would have considerable influence over their decision to return to Australia. Given the strength of the Crown case, the potential for a significant fine, and the respondents' lack of ties to Australia, the court concluded that a substantial financial deposit was necessary to secure their attendance. The court fixed the deposit at $275,000 for each respondent, considering the potential fine, the costs of travel, and the inconvenience of defending the proceedings. The court varied the bail conditions accordingly, maintaining the requirement for the respondents to deposit their passports and papers at the Australian Embassy in Madrid.