Commonwealth Director of Public Prosecutions v Sadrata [2022] NFSC 2

Commonwealth Director of Public Prosecutions v Sadrata [2022] NFSC 2

Although the proposed travel to Fiji added some flight risk because the accused had Fijian citizenship and family connections in Fiji, the risk was overstated: the accused had complied with bail for a lengthy period despite knowing imprisonment would be sought, had not absconded when it would have been relatively easy to do so, had children and secure employment in Australia, and additional forfeiture/security conditions would significantly reduce the risk of non-compliance. The bail variation was therefore made subject to those additional conditions.

Jurisdiction
Australia
Judgment Date
06 December 2022
Procedural Posture
Criminal Proceedings; Application to Vary Bail Conditions / Application to Vary Bail Conditions to Permit Travel to Fiji Before the Hearing of an Application to Withdraw Guilty Pleas
Outcome
Bail variation granted subject to additional security and forfeiture conditions.
Legal Topics
['variation of Bail Conditions' 'travel Overseas While on Bail' 'flight Risk' 'security and Forfeiture Conditions' 'domestic Violence Charges']
['practice and Procedure' 'criminal Law' 'bail'] ['variation of Bail Conditions' 'travel Overseas While on Bail' 'flight Risk' 'security and Forfeiture Conditions' 'domestic Violence Charges']

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Procedural Posture

Criminal Proceedings; Application to Vary Bail Conditions / Application to Vary Bail Conditions to Permit Travel to Fiji Before the Hearing of an Application to Withdraw Guilty Pleas

Legal Issues

  1. 1 ["Whether conditions 1 and 2 of the accused's bail conditions should be suspended from 20 to 27 December 2022 so he could attend his daughter's wedding in Fiji." 'Whether the accused posed an unacceptable risk of failing to appear in court if permitted to travel to Fiji.' 'Whether additional security and forfeiture conditions would sufficiently reduce any risk of non-compliance with the bail undertaking.']

Ratio Decidendi

Although the proposed travel to Fiji added some flight risk because the accused had Fijian citizenship and family connections in Fiji, the risk was overstated: the accused had complied with bail for a lengthy period despite knowing imprisonment would be sought, had not absconded when it would have been relatively easy to do so, had children and secure employment in Australia, and additional forfeiture/security conditions would significantly reduce the risk of non-compliance. The bail variation was therefore made subject to those additional conditions.

Court Disposition

Bail variation granted subject to additional security and forfeiture conditions.

Orders

  • ["Conditions 1 and 2 of the accused's bail conditions imposed on 6 June 2021 be suspended for the period 20 to 27 December 2022, and the accused be permitted to reside during that period at Lot 4, Natokowaqa Street, Lautoka, Fiji." 'The accused enter into an agreement and deposit acceptable security to forfeit the...