Lock v R [2016] NSWSC 1705

Lock v R [2016] NSWSC 1705

The application for release was refused because the applicant did not discharge the burden of showing cause that his continued detention was not justified, given the seriousness of the charge, the strength of the Crown case, and the imminence of the trial date, despite the length of his pre-trial detention.

Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Criminal / Release Application (bail) Prior to Trial
Outcome
Release application (bail) refused
Legal Topics
['bail' 'murder' 'delay in Criminal Proceedings']
['criminal Law'] ['bail' 'murder' 'delay in Criminal Proceedings']

Case Brief

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Procedural Posture

Criminal / Release Application (bail) Prior to Trial

Legal Issues

  1. 1 ['Whether the applicant has shown cause that his detention is not justified under the Bail Act 2013 (NSW) for a show cause offence (murder)' 'Whether the delay in trial and other subjective features justify release on bail']

Ratio Decidendi

The application for release was refused because the applicant did not discharge the burden of showing cause that his continued detention was not justified, given the seriousness of the charge, the strength of the Crown case, and the imminence of the trial date, despite the length of his pre-trial detention.

Court Disposition

Release application (bail) refused

Orders

  • ['The release application is refused.']