R v Xie [2012] NSWSC 330

R v Xie [2012] NSWSC 330

The applicant, charged with five counts of murder, did not establish exceptional circumstances to justify bail under s 9C of the Bail Act 1978, given the seriousness of the offence, risk of flight, and risk of interference with witnesses; the evidence, though not inevitably leading to conviction, was sufficient in combination to meet the Crown's onus in opposing bail.

Jurisdiction
Australia
Judgment Date
05 April 2012
Procedural Posture
Criminal / Bail Application
Outcome
Bail refused
Legal Topics
['bail' 'murder' 'exceptional Circumstances']
['criminal Law'] ['bail' 'murder' 'exceptional Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 ['Whether exceptional circumstances exist to justify grant of bail to an applicant charged with murder under s 9C Bail Act 1978']

Ratio Decidendi

The applicant, charged with five counts of murder, did not establish exceptional circumstances to justify bail under s 9C of the Bail Act 1978, given the seriousness of the offence, risk of flight, and risk of interference with witnesses; the evidence, though not inevitably leading to conviction, was sufficient in combination to meet the Crown's onus in opposing bail.

Court Disposition

Bail refused

Orders

  • ['Bail is refused.']