R v Choi (No 9) [2021] NSWSC 71

R v Choi (No 9) [2021] NSWSC 71

The risk of Mr Choi failing to appear at sentencing can be sufficiently ameliorated by current bail conditions which also allow for proper access to legal advice and interpreters, therefore detention is not warranted.

Jurisdiction
Australia
Judgment Date
10 February 2021
Procedural Posture
Crime / Detention Application After Plea and Conviction Pending Sentencing
Outcome
Crown's detention application refused; bail not revoked.
Legal Topics
['detention Application' 'bail Revocation' 'pre Sentencing Detention']
['criminal Law' 'bail'] ['detention Application' 'bail Revocation' 'pre Sentencing Detention']

Case Brief

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Procedural Posture

Crime / Detention Application After Plea and Conviction Pending Sentencing

Legal Issues

  1. 1 ['Whether bail should be revoked and detention application granted after accused pleads guilty pending sentence']

Ratio Decidendi

The risk of Mr Choi failing to appear at sentencing can be sufficiently ameliorated by current bail conditions which also allow for proper access to legal advice and interpreters, therefore detention is not warranted.

Court Disposition

Crown's detention application refused; bail not revoked.

Orders

  • ["Crown's detention application is refused."]