R v WE (No.1) [2019] NSWSC 38

R v WE (No.1) [2019] NSWSC 38

The applicant did not establish exceptional circumstances under s 15AA of the Crimes Act 1914 (Cth). The relied upon factors were largely common in applications of this nature; the jury's failure to reach a unanimous verdict and the delay before re-trial were relevant but not exceptional or determinative; the Crown circumstantial case remained strong; and concerns remained about supervision and the inability of electronic monitoring to prevent further offending. Because exceptional circumstances were not made out, it was unnecessary to assess risk under the Bail Act 2013 (NSW).

Jurisdiction
Australia
Judgment Date
01 February 2019
Procedural Posture
Application for Release Pending Re Trial / Bail Application After Jury Could Not Reach a Unanimous Verdict at First Trial
Outcome
Application for release refused
Legal Topics
['exceptional Circumstances' 'release Pending Re Trial' 'risk of Re Offending' 'electronic Monitoring' 'preparation for or Planning a Terrorist Act']
['criminal Law' 'bail' 'terrorism Offences'] ['exceptional Circumstances' 'release Pending Re Trial' 'risk of Re Offending' 'electronic Monitoring' 'preparation for or Planning a Terrorist Act']

Case Brief

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Procedural Posture

Application for Release Pending Re Trial / Bail Application After Jury Could Not Reach a Unanimous Verdict at First Trial

Legal Issues

  1. 1 ['Whether the accused charged with a terrorism offence established exceptional circumstances under s 15AA of the Crimes Act 1914 (Cth) warranting release pending re-trial.' 'Whether factors including the hung jury, delay, family support, accommodation, youth, minor criminal history, ties to the jurisdiction, electronic monitoring and security were sufficient, alone or in combination, to amount to exceptional circumstances.']

Ratio Decidendi

The applicant did not establish exceptional circumstances under s 15AA of the Crimes Act 1914 (Cth). The relied upon factors were largely common in applications of this nature; the jury's failure to reach a unanimous verdict and the delay before re-trial were relevant but not exceptional or determinative; the Crown circumstantial case remained strong; and concerns remained about supervision and the inability of electronic monitoring to prevent further offending. Because exceptional circumstances were not made out, it was unnecessary to assess risk under the Bail Act 2013 (NSW).

Court Disposition

Application for release refused

Orders

  • ['Application for release refused']