R v Ojeh [2017] NSWSC 552

R v Ojeh [2017] NSWSC 552

On the combination of the contested and largely circumstantial nature of the Crown case, long pre-trial custody period, and significant disadvantage to Mr Ojeh in preparing his defence if kept in custody (due to language barriers and lack of access to interpreters and necessary technology), Mr Ojeh has shown cause why his continued detention is not justified. None of the Crown's bail concerns rise to the level of unacceptable risk.

Jurisdiction
Australia
Judgment Date
08 May 2017
Procedural Posture
Bail Application / Application for Bail in Supreme Court
Outcome
Bail granted subject to conditions
Legal Topics
['bail' 'show Cause' 'unacceptable Risk']
['criminal Law'] ['bail' 'show Cause' 'unacceptable Risk']

Case Brief

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Procedural Posture

Bail Application / Application for Bail in Supreme Court

Legal Issues

  1. 1 ['Whether Mr Ojeh has shown cause why his continued detention is not justified under s 16B of the Bail Act 2013' 'Whether there are unacceptable risks justifying refusal of bail as per the Bail Act 2013']

Ratio Decidendi

On the combination of the contested and largely circumstantial nature of the Crown case, long pre-trial custody period, and significant disadvantage to Mr Ojeh in preparing his defence if kept in custody (due to language barriers and lack of access to interpreters and necessary technology), Mr Ojeh has shown cause why his continued detention is not justified. None of the Crown's bail concerns rise to the level of unacceptable risk.

Court Disposition

Bail granted subject to conditions

Orders

  • ['He is to be of good behaviour.' 'He is to reside at 16 The Summit Road, Port Macquarie.' 'He is to report to Port Macquarie police station daily between the hours of 8am and 8pm.' 'He is not to possess or use more than one mobile telephone and is to provide the officer in charge of the investigation with the...