R v WE (No.9) [2019] NSWSC 1170

R v WE (No.9) [2019] NSWSC 1170

Although the delay that would result in the applicant spending approximately 3½ to 4 years in custody awaiting a third trial was exceptional, the proposed bail conditions did not adequately mitigate the unacceptable risks of flight and further offending. The applicant's repeated breaches of custody rules, recent prolonged defiance while in custody, possession of material capable of indicating continued adherence to a violent ideology, the limitations of electronic monitoring, the father's inappropriate approaches to an important Crown witness, and the fact that release would return the applicant to the same family environment in which his father had previously been unable to supervise him...

Jurisdiction
Australia
Judgment Date
04 September 2019
Procedural Posture
Bail Application / Application for Release on Bail Pending Further Trial After Previous Juries Did Not Return a Verdict
Outcome
Application for release refused
Legal Topics
['exceptional Circumstances' 'unacceptable Risk Test' 'risk of Flight' 'risk of Commission of Further Offences' 'electronic Monitoring' 'delay Awaiting Trial']
['criminal Law' 'bail' 'terrorism Offences'] ['exceptional Circumstances' 'unacceptable Risk Test' 'risk of Flight' 'risk of Commission of Further Offences' 'electronic Monitoring' 'delay Awaiting Trial']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bail Application / Application for Release on Bail Pending Further Trial After Previous Juries Did Not Return a Verdict

Legal Issues

  1. 1 ['Whether exceptional circumstances existed to justify bail for a person charged with a terrorism offence.' "Whether the risks of flight and commission of further offences could be mitigated by proposed bail conditions, including residence with the applicant's parents and electronic monitoring." 'Whether delay of approximately 3½ to 4 years in custody awaiting trial amounted to exceptional circumstances.' "Whether the applicant's conduct in custody and possession of religious texts espousing violent ideology affected the unacceptable risk assessment."]

Ratio Decidendi

Although the delay that would result in the applicant spending approximately 3½ to 4 years in custody awaiting a third trial was exceptional, the proposed bail conditions did not adequately mitigate the unacceptable risks of flight and further offending. The applicant's repeated breaches of custody rules, recent prolonged defiance while in custody, possession of material capable of indicating continued adherence to a violent ideology, the limitations of electronic monitoring, the father's inappropriate approaches to an important Crown witness, and the fact that release would return the applicant to the same family environment in which his father had previously been unable to supervise him...

Court Disposition

Application for release refused

Orders

  • ['Application for release refused']