Regina (C'Wealth) v Baladjam & Ors [No 21] [2008] NSWSC 1446
The applicant did not demonstrate exceptional circumstances. Although his mother's condition was serious and likely terminal, the prospect of the death of a close relative is not generally an exceptional circumstance, and the applicant had already been allowed an escorted visit to see his mother. The circumstances therefore did not justify bail.
- Jurisdiction
- Australia
- Judgment Date
- 29 May 2008
- Procedural Posture
- Criminal Application for Bail / Trial Under Way in the Sense That Pre Trial Applications Were Being Determined
- Outcome
- Bail refused
- Legal Topics
- ['exceptional Circumstances' 'terrorism Offences' 'short Term Bail' 'visit to Sick or Dying Relative']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Application for Bail / Trial Under Way in the Sense That Pre Trial Applications Were Being Determined
Legal Issues
- 1 ['Whether the applicant had shown exceptional circumstances under s 15AA of the Crimes Act 1914 (Cth) before bail could be granted.' 'Whether the New South Wales Bail Act 1978 should be interpreted to permit short-term bail for a visit to a sick or dying relative.']
Ratio Decidendi
The applicant did not demonstrate exceptional circumstances. Although his mother's condition was serious and likely terminal, the prospect of the death of a close relative is not generally an exceptional circumstance, and the applicant had already been allowed an escorted visit to see his mother. The circumstances therefore did not justify bail.
Court Disposition
Bail refused
Orders
- ['The bail application is refused.']
Full Case Text
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