Trinh v R

The applicant, Trinh, was charged with 158 offences involving fraud. After being denied bail by a judge of the Supreme Court, Trinh applied to the Court of Criminal Appeal. The appeal focused on the assessment of bail concerns, including the risk of the applicant failing to appear, committing further serious offences, the strength of the Crown's case, and the delay before the trial. The Court of Criminal Appeal was required to determine whether the bail proposal adequately addressed these concerns and whether it was appropriate to grant bail.

The Court of Criminal Appeal examined the risk of the applicant failing to appear at trial and committing further offences. It noted the severity and quantity of the charges, the substantial delay before the trial, and the lack of a specific bail proposal. The court concluded that there were significant risks associated with granting bail, including the potential for the applicant to fail to appear, commit further offences, and interfere with witnesses. The strength of the Crown's case, supported by substantial evidence, further underscored the need to prevent any potential interference. The Court of Criminal Appeal held that the risks outweighed any need for the applicant's liberty to prepare a defence.

The Court of Criminal Appeal found that the applicant's bail proposal did not adequately address the identified risks. It determined that the unacceptable risks associated with granting bail warranted a refusal. The Court of Criminal Appeal refused the application, upholding the earlier decision of the Supreme Court judge to deny bail. The Court of Criminal Appeal emphasised the need to balance the applicant's right to liberty with the public interest in ensuring justice is served and the safety of potential witnesses.