R v Liristis [2018] NSWSC 996

R v Liristis [2018] NSWSC 996

The applicant established an exception to s 74 because he had appeared for himself before Wilson J and because the Anastasis statement and material accessed from hard drives constituted changed circumstances. However, the applicant did not show cause why continued detention was not justified: the Crown case remained strong when the three complainants and the evidence of five other women were considered, the remaining period before trial was short, and the applicant had not demonstrated that release was necessary or likely to assist meaningfully with encrypted material. In any event, the risks of interference with witnesses and further serious offending could not be met by bail conditions...

Jurisdiction
Australia
Judgment Date
28 June 2018
Procedural Posture
Criminal Bail Application / Application for Bail in the Supreme Court Before Trial Fixed in the District Court for 30 July 2018
Outcome
Bail refused.
Legal Topics
['sexual Intercourse Without Consent' 'attempted Sexual Intercourse Without Consent' 'use of Listening Device to Record a Private Conversation' 'further Bail Application' 'show Cause Requirement' 'unacceptable Risk' 'encrypted Hard Drives and Trial Preparation']
['criminal Law' 'bail'] ['sexual Intercourse Without Consent' 'attempted Sexual Intercourse Without Consent' 'use of Listening Device to Record a Private Conversation' 'further Bail Application' 'show Cause Requirement' 'unacceptable Risk' 'encrypted Hard Drives and Trial Preparation']

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Procedural Posture

Criminal Bail Application / Application for Bail in the Supreme Court Before Trial Fixed in the District Court for 30 July 2018

Legal Issues

  1. 1 ['Whether the applicant satisfied an exception to the prohibition on further bail applications under s 74 of the Bail Act 2013 (NSW).' 'Whether the applicant showed cause why his continued detention was not justified.' 'Whether the Crown case remained strong in light of new material and asserted credit issues concerning complainants.' 'Whether release was necessary for the applicant to assist with de-encrypting hard drives and preparing for trial.' 'Whether any bail conditions could address risks of interfering with witnesses or committing further serious offences.']

Ratio Decidendi

The applicant established an exception to s 74 because he had appeared for himself before Wilson J and because the Anastasis statement and material accessed from hard drives constituted changed circumstances. However, the applicant did not show cause why continued detention was not justified: the Crown case remained strong when the three complainants and the evidence of five other women were considered, the remaining period before trial was short, and the applicant had not demonstrated that release was necessary or likely to assist meaningfully with encrypted material. In any event, the risks of interference with witnesses and further serious offending could not be met by bail conditions...

Court Disposition

Bail refused.

Orders

  • ['Bail is refused.']