Environment Protection Authority v Waight [1999] NSWLEC 199

Environment Protection Authority v Waight [1999] NSWLEC 199

Because the Court was satisfied on the balance of probabilities that there was a reasonable apprehension the defendant may attempt to interfere with prospective prosecution witnesses, and because the charged offences were serious and attracted severe penalties, bail was granted only on the condition that the defendant agree not to communicate directly or indirectly, except through legal advisers, with persons he had notice were to be called or likely to be called by the prosecutor at trial.

Jurisdiction
Australia
Judgment Date
20 May 1999
Procedural Posture
Prosecution / Application for Bail
Outcome
Bail granted conditionally.
Legal Topics
['conditional Bail' 'witness Interference' 'protection of Prospective Witnesses']
['criminal Procedure' 'bail'] ['conditional Bail' 'witness Interference' 'protection of Prospective Witnesses']

Case Brief

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Procedural Posture

Prosecution / Application for Bail

Legal Issues

  1. 1 ['Whether bail should be granted to the defendant conditionally rather than dispensing with bail requirements.' 'Whether there was a reasonable apprehension that the defendant may attempt to interfere with persons who may give evidence for the prosecutor pending trial.']

Ratio Decidendi

Because the Court was satisfied on the balance of probabilities that there was a reasonable apprehension the defendant may attempt to interfere with prospective prosecution witnesses, and because the charged offences were serious and attracted severe penalties, bail was granted only on the condition that the defendant agree not to communicate directly or indirectly, except through legal advisers, with persons he had notice were to be called or likely to be called by the prosecutor at trial.

Court Disposition

Bail granted conditionally.

Orders

  • ['In matters 50019 of 1999 and 50020 of 1999, bail is granted subject to the condition that the defendant enter into an agreement that he is not to communicate directly or indirectly, except through his legal advisers, with any person of whom he has received notice is to be called or is likely to be called by the...