Cornelius, Ian Patrick v Grant, Sir Clifford SM & Ors [1984] FCA 195

Cornelius, Ian Patrick v Grant, Sir Clifford SM & Ors [1984] FCA 195

The application failed because s.15 of the Crimes Act 1914 conferred a discretion to grant bail on appropriate conditions, including conditions related to securing the accused's attendance, and the magistrate's decision to require surrender of the applicant's passport was not shown to be an improper exercise of power under the Administrative Decisions (Judicial Review) Act. On the material before the magistrate, including the seriousness of the alleged offence and the substantial sums said to be involved, the decision was not fairly characterised as one made by applying a rule or policy without regard to the merits, and there was material capable of justifying the condition. In any event,...

Jurisdiction
Australia
Judgment Date
28 June 1984
Procedural Posture
Application for an Order of Review Under the Administrative Decisions (judicial Review) Act Concerning Bail Conditions / Final Hearing of Urgent Application
Outcome
Application dismissed with costs.
Legal Topics
['judicial Review' 'bail Conditions' 'discretion to Impose Bail Conditions' 'surrender of Passport' 'interference With Criminal Proceedings']
['administrative Law' 'criminal Procedure'] ['judicial Review' 'bail Conditions' 'discretion to Impose Bail Conditions' 'surrender of Passport' 'interference With Criminal Proceedings']

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Procedural Posture

Application for an Order of Review Under the Administrative Decisions (judicial Review) Act Concerning Bail Conditions / Final Hearing of Urgent Application

Legal Issues

  1. 1 ["Whether the magistrate's decision to admit the applicant to bail on condition that he surrender his passport was reviewable under the Administrative Decisions (Judicial Review) Act." 'Whether s.15 of the Crimes Act 1914 conferred power to impose a condition requiring surrender of a passport and travel documents.' 'Whether the passport condition was an improper exercise of power because it was imposed according to a rule or policy without regard to the merits of the particular case.' 'Whether there was evidence or other material before the magistrate to justify imposing the passport condition.' 'Whether discretionary considerations should prevent relief interfering with the ordinary course of criminal proceedings.']

Ratio Decidendi

The application failed because s.15 of the Crimes Act 1914 conferred a discretion to grant bail on appropriate conditions, including conditions related to securing the accused's attendance, and the magistrate's decision to require surrender of the applicant's passport was not shown to be an improper exercise of power under the Administrative Decisions (Judicial Review) Act. On the material before the magistrate, including the seriousness of the alleged offence and the substantial sums said to be involved, the decision was not fairly characterised as one made by applying a rule or policy without regard to the merits, and there was material capable of justifying the condition. In any event,...

Court Disposition

Application dismissed with costs.

Orders

  • ['Application dismissed.' "Applicant to pay respondents' costs."]