Tilley v The Queen
Case
•
[2008] HCA 58
•19 December 2008
Details
AGLC
Case
Decision Date
Tilley v The Queen [2008] HCA 58
[2008] HCA 58
19 December 2008
CaseChat Overview and Summary
The applicant, Tilley, sought bail pending an application for special leave to appeal to the High Court of Australia. The dispute concerned the applicant's entitlement to bail in these circumstances.
The central legal issue before Hayne J was whether the applicant should be granted bail while awaiting the determination of his application for special leave to appeal to the High Court.
Hayne J considered the principles governing the grant of bail in such a context. His Honour concluded that the applicant had not satisfied the onus of demonstrating that exceptional circumstances warranted the grant of bail. Consequently, the application for bail was refused. The orders also set out procedural directions for the further conduct of the application for special leave to appeal.
The central legal issue before Hayne J was whether the applicant should be granted bail while awaiting the determination of his application for special leave to appeal to the High Court.
Hayne J considered the principles governing the grant of bail in such a context. His Honour concluded that the applicant had not satisfied the onus of demonstrating that exceptional circumstances warranted the grant of bail. Consequently, the application for bail was refused. The orders also set out procedural directions for the further conduct of the application for special leave to appeal.
Details
Key Legal Topics
Areas of Law
-
Criminal Law
-
Civil Procedure
Legal Concepts
-
Jurisdiction
-
Appeal
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Tilley v The Queen [2008] HCA 58
Most Recent Citation
Meriton Apartments Pty Ltd v Council of the City of Sydney (No 3) [2011] NSWLEC 65
Cases Citing This Decision
273
Commonwealth of Australia v Yunupingu
[2025] HCA 6
Commonwealth of Australia v Yunupingu
[2025] HCA 6
Commonwealth of Australia v Yunupingu
[2025] HCA 6
Cases Cited
6
Statutory Material Cited
1
Jago v District Court (NSW)
[1989] HCA 46
Connellan v Murphy
[2017] VSCA 116
Jones v The Queen
[1989] HCA 16