Lee v R (Cth) [2024] NSWCCA 202

Lee v R (Cth) [2024] NSWCCA 202

Considering the significant pre-trial delay, the existence of an arguable defence both as to the admissibility of evidence and sufficiency of the Crown case, and the ability to mitigate identified risks by the imposition of strict bail conditions including a substantial surety and electronic monitoring, the applicant has shown cause under s 16A of the Bail Act 2013 (NSW) as to why his detention is not justified, and does not pose an unacceptable risk under s 19 of the Act. Bail is therefore granted subject to strict conditions.

Parties
Applicant: Julian Lee; Respondent: Rex
Jurisdiction
Australia
Judgment Date
01 November 2024
Procedural Posture
Criminal Bail Application / Appellate Court Review and Fresh Determination of Release Application
Outcome
Bail granted subject to conditions.
Legal Topics
Bail Application, Show Cause Test, Unacceptable Risk Test, Conspiracy to Import Drugs, Electronic Monitoring, Delay in Trial, Admissibility of Evidence
Criminal Law Bail Bail Application Show Cause Test Unacceptable Risk Test Conspiracy to Import Drugs Electronic Monitoring Delay in Trial +1 more

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Parties

Julian Lee

Applicant

Rex

Respondent

Procedural Posture

Criminal Bail Application / Appellate Court Review and Fresh Determination of Release Application

Legal Issues

  1. 1 Whether the applicant has shown cause under s 16A of the Bail Act 2013 (NSW) as to why his detention is not justified
  2. 2 Whether applicant presents an unacceptable risk under s 19 of the Bail Act 2013 (NSW)
  3. 3 Strength of the Crown case, including admissibility of AN0M evidence and extent of the applicant's participation in an alleged conspiracy to import cocaine

Ratio Decidendi

Considering the significant pre-trial delay, the existence of an arguable defence both as to the admissibility of evidence and sufficiency of the Crown case, and the ability to mitigate identified risks by the imposition of strict bail conditions including a substantial surety and electronic monitoring, the applicant has shown cause under s 16A of the Bail Act 2013 (NSW) as to why his detention is not justified, and does not pose an unacceptable risk under s 19 of the Act. Bail is therefore granted subject to strict conditions.

Court Disposition

Bail granted subject to conditions.

Orders

  • Bail granted to the applicant subject to conditions including: good behaviour; appearing at District Court on 28 July 2025 and as directed; residence at specified address; daily reporting to police; home detention with defined exceptions (legal conferences, court, medical treatment, work at mother's restaurant,...