R v Okusitino; R v Lavulo; R v Iongi [2024] NSWSC 143

R v Okusitino; R v Lavulo; R v Iongi [2024] NSWSC 143

The combination of lengthy pre-trial detention, strong family and community ties, and stringent bail conditions (home detention for all, electronic monitoring for two applicants) were sufficient to show cause and to mitigate unacceptable bail risks, notwithstanding the seriousness and strength of prosecution cases, especially given the ongoing uncertainty about the admissibility of the critical AN0M evidence.

Parties
Respondent: Rex (Crown); Applicant: Mohenoa Okusitino; Applicant: Edward Lavulo; Applicant: Otenilli Iongi
Jurisdiction
Australia
Judgment Date
15 February 2024
Procedural Posture
Bail Application (criminal) / Determination of Release Applications
Outcome
Bail granted for all applicants with conditions.
Legal Topics
Bail Applications, Show Cause Requirement, Unacceptable Risk Test, Operation Ironside, Electronic Monitoring, Home Detention, Delay in Criminal Proceedings, Admissibility of AN0 M Evidence
Criminal Law Procedure Bail Applications Show Cause Requirement Unacceptable Risk Test Operation Ironside Electronic Monitoring Home Detention +2 more

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Parties

Rex (Crown)

Respondent

Mohenoa Okusitino

Applicant

Edward Lavulo

Applicant

Otenilli Iongi

Applicant

Procedural Posture

Bail Application (criminal) / Determination of Release Applications

Legal Issues

  1. 1 Whether applicants have shown cause why their detention is not justified under s 16B of the Bail Act 2013 (NSW)
  2. 2 Whether applicants present an unacceptable risk under s 19 of the Bail Act 2013 (NSW)
  3. 3 Whether the admissibility issues with AN0M evidence and corresponding delay justify grant of bail

Ratio Decidendi

The combination of lengthy pre-trial detention, strong family and community ties, and stringent bail conditions (home detention for all, electronic monitoring for two applicants) were sufficient to show cause and to mitigate unacceptable bail risks, notwithstanding the seriousness and strength of prosecution cases, especially given the ongoing uncertainty about the admissibility of the critical AN0M evidence.

Court Disposition

Bail granted for all applicants with conditions.

Orders

  • Bail granted to Mohenoa Okusitino subject to home detention and electronic monitoring.
  • Bail granted to Edward Lavulo subject to home detention.