R v Bail Applicant M [2020] NSWSC 1685

R v Bail Applicant M [2020] NSWSC 1685

Bail was refused because the applicant presented a very high risk of flight arising from the strong Crown case, seriousness of the alleged money laundering role, likely lengthy imprisonment if convicted, Chinese nationality and lack of extradition treaty with China, apparent access to substantial funds, and weak practical constraints from family ties, sureties and property. The proposed private electronic monitoring and other bail conditions were not acceptable or practically workable and did not reduce the risk of flight to an acceptable level.

Jurisdiction
Australia
Judgment Date
24 November 2020
Procedural Posture
Bail Review Release Application / Application for Bail on Pending Commonwealth Criminal Charges
Outcome
Bail refused
Legal Topics
['money Laundering' 'risk of Flight' 'electronic Monitoring as Bail Condition' 'sureties' 'commonwealth Criminal Charges']
['criminal Law' 'bail' 'proceeds of Crime'] ['money Laundering' 'risk of Flight' 'electronic Monitoring as Bail Condition' 'sureties' 'commonwealth Criminal Charges']

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Procedural Posture

Bail Review Release Application / Application for Bail on Pending Commonwealth Criminal Charges

Legal Issues

  1. 1 ['Whether the applicant should be granted bail in relation to charges including dealing in proceeds of crime contrary to s 400.3(1) of the Criminal Code 1995 (Cth).' 'Whether the applicant presented a very high risk of flight.' 'Whether proposed bail conditions, including sureties, passport and consulate restrictions, property security, house arrest and private electronic monitoring, could reduce the risk of flight to an acceptable level.']

Ratio Decidendi

Bail was refused because the applicant presented a very high risk of flight arising from the strong Crown case, seriousness of the alleged money laundering role, likely lengthy imprisonment if convicted, Chinese nationality and lack of extradition treaty with China, apparent access to substantial funds, and weak practical constraints from family ties, sureties and property. The proposed private electronic monitoring and other bail conditions were not acceptable or practically workable and did not reduce the risk of flight to an acceptable level.

Court Disposition

Bail refused

Orders

  • ['Bail refused']