REGINA v. KHAZAL [2004] NSWSC 548

REGINA v. KHAZAL [2004] NSWSC 548

The respondent discharged the onus under s.8A of the Bail Act 1978 by demonstrating, through compliance with prior bail conditions, lack of flight risk, absence of violence in the offence charged, significant personal disabilities, and proffered undertakings, that bail should not be refused despite the seriousness of the charge and strength of the Crown case.

Jurisdiction
Australia
Judgment Date
22 June 2004
Procedural Posture
Criminal / Bail Application (s.45 Bail Act 1978) Review of Grant of Bail
Outcome
Bail granted (continued on existing terms)
Legal Topics
['bail' 'burden of Proof on Bail Applications' 'terrorism Offences' 'bail Act 1978 S.8 A' 'criminal Code Act (cth) S.101.5']
['criminal Law'] ['bail' 'burden of Proof on Bail Applications' 'terrorism Offences' 'bail Act 1978 S.8 A' 'criminal Code Act (cth) S.101.5']

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Procedural Posture

Criminal / Bail Application (s.45 Bail Act 1978) Review of Grant of Bail

Legal Issues

  1. 1 ['Whether the respondent should be granted bail under s.8A of the Bail Act 1978 for an offence under s.101.5 of the Criminal Code Act (Cth).' 'What weight should be given to the gravity of the alleged offence, the strength of the prosecution case, the respondent’s personal circumstances, and the proffered bail conditions.']

Ratio Decidendi

The respondent discharged the onus under s.8A of the Bail Act 1978 by demonstrating, through compliance with prior bail conditions, lack of flight risk, absence of violence in the offence charged, significant personal disabilities, and proffered undertakings, that bail should not be refused despite the seriousness of the charge and strength of the Crown case.

Court Disposition

Bail granted (continued on existing terms)

Orders

  • ['Bail continued over the adjournment on existing terms.' 'Adjourned to Thursday 24 June 2004.']