R v Zhang [2020] NSWSC 478

R v Zhang [2020] NSWSC 478

There was an unacceptable risk that Mr Zhang would fail to appear for proceedings if released, given his history of leaving Australia during an investigation, fighting extradition, and strong ties overseas, which could not be sufficiently ameliorated by proposed bail conditions. The need for liberty to prepare his defence did not outweigh these flight risk concerns, especially as significant access to evidence could be managed in custody.

Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Bail Application / Release Application After Extradition and Committal Proceedings Awaited
Outcome
Release application refused
Legal Topics
['serious Tax Offences' 'fraud' 'bail Application' 'flight Risk' 'extradition' 'access to Evidence in Custody']
['criminal Law' 'bail Law'] ['serious Tax Offences' 'fraud' 'bail Application' 'flight Risk' 'extradition' 'access to Evidence in Custody']

Case Brief

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Procedural Posture

Bail Application / Release Application After Extradition and Committal Proceedings Awaited

Legal Issues

  1. 1 ['Whether Mr Zhang should be granted bail pending trial for serious tax offences' 'Whether conditions could ameliorate the risk of flight' 'Whether difficulties accessing evidence in custody justify release']

Ratio Decidendi

There was an unacceptable risk that Mr Zhang would fail to appear for proceedings if released, given his history of leaving Australia during an investigation, fighting extradition, and strong ties overseas, which could not be sufficiently ameliorated by proposed bail conditions. The need for liberty to prepare his defence did not outweigh these flight risk concerns, especially as significant access to evidence could be managed in custody.

Court Disposition

Release application refused

Orders

  • ['The release application is refused.']