R v Choi [2020] NSWSC 1586

R v Choi [2020] NSWSC 1586

The adjournment of the applicant's trial to almost a year after the date contemplated when bail was previously refused was a sufficient change of circumstances. Although there was a real risk that the applicant might fail to appear, including by fleeing the jurisdiction, that risk could be adequately mitigated by stringent bail conditions and sureties. Continued custody created a grave risk to the administration of justice because the applicant had limited English, no adequate access to interpretation or translation, a large multilingual brief, and a real possibility of being unrepresented; without liberty to prepare, the prospects of a fair trial were remote. Bail was therefore granted...

Jurisdiction
Australia
Judgment Date
11 November 2020
Procedural Posture
Criminal Bail Application / Third Application for Bail in the Supreme Court Before Trial
Outcome
Bail granted subject to conditions.
Legal Topics
['preparation for Trial' 'long Period on Remand' 'protection of Administration of Justice' 'fair Trial' 'risk of Failure to Appear' 'risk of Flight From Jurisdiction' 'national Security Inmate Restrictions' 'interpreter and Translation Access']
['criminal Law' 'bail'] ['preparation for Trial' 'long Period on Remand' 'protection of Administration of Justice' 'fair Trial' 'risk of Failure to Appear' 'risk of Flight From Jurisdiction' 'national Security Inmate Restrictions' 'interpreter and Translation Access']

Case Brief

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Procedural Posture

Criminal Bail Application / Third Application for Bail in the Supreme Court Before Trial

Legal Issues

  1. 1 ['Whether a change of circumstances or other factor under s 74 of the Bail Act 2013 (NSW) entitled the Court to consider a further bail application.' "Whether the Crown's bail concern that the applicant would fail to appear at trial, including by fleeing the jurisdiction, could be adequately ameliorated by bail conditions." "Whether continued remand would impair the applicant's ability to prepare for trial and thereby risk an unfair trial." 'Whether bail should be granted subject to conditions.']

Ratio Decidendi

The adjournment of the applicant's trial to almost a year after the date contemplated when bail was previously refused was a sufficient change of circumstances. Although there was a real risk that the applicant might fail to appear, including by fleeing the jurisdiction, that risk could be adequately mitigated by stringent bail conditions and sureties. Continued custody created a grave risk to the administration of justice because the applicant had limited English, no adequate access to interpretation or translation, a large multilingual brief, and a real possibility of being unrepresented; without liberty to prepare, the prospects of a fair trial were remote. Bail was therefore granted...

Court Disposition

Bail granted subject to conditions.

Orders

  • ['The applicant is to be of good behaviour.' 'Subject to condition (3), the applicant must reside at unit 11/190 Sandal Crescent, Carramar NSW 2163.' 'If the applicant proposes to change his address he is to notify the Australian Federal Police of any change of address at least 48 hours prior to the change.' 'The...