R v Popovic [2017] NSWSC 145

R v Popovic [2017] NSWSC 145

Mr Popovic failed to show cause why his continued detention was not justified. The Crown case was viable and was not characterised as weak or hopeless, notwithstanding criticisms of key witnesses. The anticipated total of about 29 months on remand was long and unsatisfactory but, in the unusual circumstances including a prior trial and post-conviction custody, did not amount to cause. The effects of custody on family contact and legal preparation were not sufficient to justify release. Because show cause was not established, the release application had to be refused.

Jurisdiction
Australia
Judgment Date
28 February 2017
Procedural Posture
Bail Release Application / Application for Release on Bail Pending Re Trial After Conviction Quashed and New Trial Ordered
Outcome
Mr Popovic's release application is refused.
Legal Topics
['bail' 'show Cause Offences' 'unacceptable Risk' 'delay' 'strength of the Crown Case']
['criminal Law'] ['bail' 'show Cause Offences' 'unacceptable Risk' 'delay' 'strength of the Crown Case']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Bail Release Application / Application for Release on Bail Pending Re Trial After Conviction Quashed and New Trial Ordered

Legal Issues

  1. 1 ['Whether Mr Popovic showed cause why his continued detention was not justified for a murder charge under the Bail Act 2013.' 'Whether the Crown case was weak or hopeless for the purposes of the bail application.' 'Whether delay, including anterior delay, justified release on bail.' "Whether Mr Popovic's custody location and its effect on family visits and trial preparation supported release." "Whether it was necessary to determine the Crown's asserted unacceptable risks."]

Ratio Decidendi

Mr Popovic failed to show cause why his continued detention was not justified. The Crown case was viable and was not characterised as weak or hopeless, notwithstanding criticisms of key witnesses. The anticipated total of about 29 months on remand was long and unsatisfactory but, in the unusual circumstances including a prior trial and post-conviction custody, did not amount to cause. The effects of custody on family contact and legal preparation were not sufficient to justify release. Because show cause was not established, the release application had to be refused.

Court Disposition

Mr Popovic's release application is refused.

Orders

  • ["Mr Popovic's release application is refused."]