R v Choi (No 3) [2020] NSWSC 1877

R v Choi (No 3) [2020] NSWSC 1877

Because the applicant had complied with his bail conditions for the previous five weeks, it was appropriate to reduce reporting from twice daily to every day apart from Sunday. Permission to access YouTube was refused because of the difficulty of formulating an enforceable condition distinguishing entertainment from propaganda, although trial-preparation access remained available under the existing carve-out. A general 10 kilometre movement radius was not granted, but condition (5) was varied to permit specified attendances connected with job search obligations, Chester Hill shopping centre while reporting, and renewal of the applicant's driver's licence, with a further condition...

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
CRIME — Bail — Variation Application / Application to Vary Bail Conditions After Bail Was Granted on 11 November 2020
Outcome
Bail conditions varied
Legal Topics
['variation of Bail Conditions' 'reporting Conditions' 'internet Access While on Bail' 'residence and Movement Restrictions']
['criminal Law' 'bail'] ['variation of Bail Conditions' 'reporting Conditions' 'internet Access While on Bail' 'residence and Movement Restrictions']

Case Brief

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Procedural Posture

CRIME — Bail — Variation Application / Application to Vary Bail Conditions After Bail Was Granted on 11 November 2020

Legal Issues

  1. 1 ["Whether the applicant's reporting obligation should be reduced from twice daily to once daily with one day off each week." 'Whether the applicant should be permitted to access YouTube.' 'Whether the applicant should be permitted to go anywhere within a 10 kilometre radius of his residence or otherwise have additional permitted absences from the property.']

Ratio Decidendi

Because the applicant had complied with his bail conditions for the previous five weeks, it was appropriate to reduce reporting from twice daily to every day apart from Sunday. Permission to access YouTube was refused because of the difficulty of formulating an enforceable condition distinguishing entertainment from propaganda, although trial-preparation access remained available under the existing carve-out. A general 10 kilometre movement radius was not granted, but condition (5) was varied to permit specified attendances connected with job search obligations, Chester Hill shopping centre while reporting, and renewal of the applicant's driver's licence, with a further condition...

Court Disposition

Bail conditions varied

Orders

  • ['Vary condition 4 to remove the words "twice daily" and insert the words "every day apart from Sunday"; and delete the words "and 12pm, and again between 6pm".' 'Vary condition (5) to add the words "and (6A)" after "subject to (6)" at the commencement of condition (5).' 'Add to condition (5) the following...