R v Safi [2018] NSWSC 1469

R v Safi [2018] NSWSC 1469

Although the delay since arrest was considerable, there was not considerable further delay before the listed retrial, and the Crown case, properly described at its highest and limited to joint criminal enterprise without the erroneous extended joint criminal enterprise directions, could support a conviction if the jury were properly directed. The applicant therefore had not shown cause why his continued detention was not justified, and bail was refused.

Jurisdiction
Australia
Judgment Date
27 September 2018
Procedural Posture
Bail Release Application / Application for Bail After Conviction for Murder Was Quashed and a New Trial Ordered
Outcome
Bail refused
Legal Topics
['show Cause Offence' 'murder' 'joint Criminal Enterprise' 'delay' 'strength of Crown Case' 'retrial After Successful Conviction Appeal']
['criminal Law' 'bail'] ['show Cause Offence' 'murder' 'joint Criminal Enterprise' 'delay' 'strength of Crown Case' 'retrial After Successful Conviction Appeal']

Case Brief

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Procedural Posture

Bail Release Application / Application for Bail After Conviction for Murder Was Quashed and a New Trial Ordered

Legal Issues

  1. 1 ['Whether the applicant, charged with an offence punishable by life imprisonment, had shown cause why his continued detention was not justified under s 16B(1)(a) of the Bail Act 2013 (NSW).' 'Whether the combination of extensive delay and the asserted weakness of the Crown case was sufficient to satisfy the show cause requirement.' 'Whether the Crown case based on joint criminal enterprise could still support a conviction if properly directed at the retrial.']

Ratio Decidendi

Although the delay since arrest was considerable, there was not considerable further delay before the listed retrial, and the Crown case, properly described at its highest and limited to joint criminal enterprise without the erroneous extended joint criminal enterprise directions, could support a conviction if the jury were properly directed. The applicant therefore had not shown cause why his continued detention was not justified, and bail was refused.

Court Disposition

Bail refused

Orders

  • ['Bail refused']