Fantakis v R; Woods v R [2017] NSWSC 1840

Fantakis v R; Woods v R [2017] NSWSC 1840

Although the s 74 threshold was met, neither applicant showed cause why detention was not justified. The Crown case for murder and accessory after the fact to murder was assessed as strong despite being circumstantial; the charges were very serious and likely to attract lengthy custodial sentences if proved; there were serious risks of flight, danger to witnesses and D/S McGee, and interference with witnesses; the extraordinary delay was partly attributable to the applicants' forensic choices; preparation difficulties from custody were not decisive; proposed supervision, sureties and bail conditions were not persuasive in light of the risks; and Mr Fantakis had not shown that his mental...

Jurisdiction
Australia
Judgment Date
03 August 2017
Procedural Posture
Criminal Application for Bail / Further Release Applications After Earlier Supreme Court Bail Refusals, Before Trial
Outcome
Both applications for bail were refused.
Legal Topics
['show Cause Offences' 'multiple Release Applications' 'unacceptable Risk' 'delay Before Trial' 'murder' 'accessory After the Fact to Murder' 'intimidating a Police Officer' 'supply Prohibited Drug' 'crime Commission Offences']
['criminal Law' 'bail'] ['show Cause Offences' 'multiple Release Applications' 'unacceptable Risk' 'delay Before Trial' 'murder' 'accessory After the Fact to Murder' 'intimidating a Police Officer' 'supply Prohibited Drug' 'crime Commission Offences']

Case Brief

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Procedural Posture

Criminal Application for Bail / Further Release Applications After Earlier Supreme Court Bail Refusals, Before Trial

Legal Issues

  1. 1 ['Whether each applicant had grounds for a further release application under s 74 of the Bail Act 2013 (NSW).' 'Whether each applicant showed cause under s 16A of the Bail Act 2013 (NSW) why detention was not justified.' 'Whether delay, difficulties preparing a case from custody, proposed bail conditions, community support, sureties, and medical treatment overcame the seriousness and strength of the Crown case and risks identified by the Court.']

Ratio Decidendi

Although the s 74 threshold was met, neither applicant showed cause why detention was not justified. The Crown case for murder and accessory after the fact to murder was assessed as strong despite being circumstantial; the charges were very serious and likely to attract lengthy custodial sentences if proved; there were serious risks of flight, danger to witnesses and D/S McGee, and interference with witnesses; the extraordinary delay was partly attributable to the applicants' forensic choices; preparation difficulties from custody were not decisive; proposed supervision, sureties and bail conditions were not persuasive in light of the risks; and Mr Fantakis had not shown that his mental...

Court Disposition

Both applications for bail were refused.

Orders

  • ['The application for bail by Elefterios Fantakis is refused.' 'The application for bail by Andrew Woods is refused.']