R v Snounou [2020] NSWSC 1226

R v Snounou [2020] NSWSC 1226

The applicant showed cause because the Crown case on the show cause GBL importation offence was not very strong in light of a real honest and reasonable mistake issue, and because he faced significant, likely unremedied difficulties preparing for a complex trial while in custody after substantial delay. The identified risks of flight, serious offending and witness interference were not unacceptable because the applicant's family had returned to Australia, border restrictions reduced flight risk, a secured surety of $1.67 million and stringent conditions were proposed, and contact and geographic restrictions could manage witness interference concerns.

Jurisdiction
Australia
Judgment Date
10 September 2020
Procedural Posture
Criminal Bail Release Application / Application in the Supreme Court of New South Wales Before District Court Trial, Following Prior Bail Refusals
Outcome
Conditional bail granted
Legal Topics
['show Cause Requirement' 'unacceptable Risk Test' 'preparation for Trial While in Custody' 'drug Importation and Precursor Offences' 'risk of Flight' 'witness Interference']
['criminal Law' 'bail'] ['show Cause Requirement' 'unacceptable Risk Test' 'preparation for Trial While in Custody' 'drug Importation and Precursor Offences' 'risk of Flight' 'witness Interference']

Case Brief

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Procedural Posture

Criminal Bail Release Application / Application in the Supreme Court of New South Wales Before District Court Trial, Following Prior Bail Refusals

Legal Issues

  1. 1 ['Whether there were grounds for a further release application under s 74 of the Bail Act 2013 (NSW) after prior bail refusals.' 'Whether the applicant showed cause under s 16A of the Bail Act 2013 (NSW) why his detention was not justified for the show cause offence.' 'Whether the applicant presented an unacceptable risk of failing to appear, committing a serious offence, or interfering with witnesses.' 'Whether stringent proposed bail conditions could sufficiently mitigate the identified bail concerns.']

Ratio Decidendi

The applicant showed cause because the Crown case on the show cause GBL importation offence was not very strong in light of a real honest and reasonable mistake issue, and because he faced significant, likely unremedied difficulties preparing for a complex trial while in custody after substantial delay. The identified risks of flight, serious offending and witness interference were not unacceptable because the applicant's family had returned to Australia, border restrictions reduced flight risk, a secured surety of $1.67 million and stringent conditions were proposed, and contact and geographic restrictions could manage witness interference concerns.

Court Disposition

Conditional bail granted

Orders

  • ['Conditional bail granted.']