Flower v R [2020] NSWCCA 64

Flower v R [2020] NSWCCA 64

The Court found the prosecution case strong, particularly related to counts of importing commercial quantities of cocaine, reinforced by circumstantial evidence, mobile phone records, and surveillance. The significant risk that the applicant would fail to appear or interfere with witnesses if released on bail could not be mitigated to an acceptable level by proposed conditions, including electronic monitoring and substantial sureties. The circumstances advanced by the applicant, while genuine, were insufficient to discharge the onus of showing cause under the Bail Act 2013 (NSW).

Parties
Applicant: Damion William Flower; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Criminal Bail Application / Court of Criminal Appeal Determination of Bail Release Application
Outcome
Application for bail refused
Legal Topics
Bail, Show Cause Offences, Importation of Drugs, Proceeds of Crime
Criminal Law Bail Show Cause Offences Importation of Drugs Proceeds of Crime

Case Brief

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Parties

Damion William Flower

Applicant

Regina

Respondent

Procedural Posture

Criminal Bail Application / Court of Criminal Appeal Determination of Bail Release Application

Legal Issues

  1. 1 Whether the applicant has shown cause why his continued detention is not justified under the Bail Act 2013 (NSW)
  2. 2 Whether bail concerns under s 17(2) of the Bail Act 2013 (NSW) are established
  3. 3 Strength of the prosecution case and whether it justifies continued detention

Ratio Decidendi

The Court found the prosecution case strong, particularly related to counts of importing commercial quantities of cocaine, reinforced by circumstantial evidence, mobile phone records, and surveillance. The significant risk that the applicant would fail to appear or interfere with witnesses if released on bail could not be mitigated to an acceptable level by proposed conditions, including electronic monitoring and substantial sureties. The circumstances advanced by the applicant, while genuine, were insufficient to discharge the onus of showing cause under the Bail Act 2013 (NSW).

Court Disposition

Application for bail refused

Orders

  • The application for bail is refused.