Popovic v R [2017] NSWCCA 118

Popovic v R [2017] NSWCCA 118

The applicant failed to show cause why his continued detention was not justified. Although he relied on the alleged weakness of the Crown case and time spent in custody, the Court was not satisfied that the Crown case was so weak as to justify release. The applicant's serious criminal history, the seriousness of the murder and shooting charges, and recorded threats to kill police demonstrated bail concerns relating to community safety, police and witnesses, and the Court was not satisfied he would comply with any bail conditions. Bail would have been refused even if cause had been shown.

Jurisdiction
Australia
Judgment Date
02 June 2017
Procedural Posture
Release Application for Bail in the Court of Criminal Appeal / Application Following Refusal of Bail by a Single Judge of the Supreme Court and Pending Re Trial After the Court Quashed the Applicant's Conviction
Outcome
Application refused; bail refused.
Legal Topics
['show Cause Offence' 'murder Charge' 'release Application' 'bail Concerns' 'safety of the Community' 'interference With Witnesses' 'risk of Committing a Serious Offence' 'delay in Custody Pending Trial']
['criminal Law' 'bail'] ['show Cause Offence' 'murder Charge' 'release Application' 'bail Concerns' 'safety of the Community' 'interference With Witnesses' 'risk of Committing a Serious Offence' 'delay in Custody Pending Trial']

Case Brief

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Procedural Posture

Release Application for Bail in the Court of Criminal Appeal / Application Following Refusal of Bail by a Single Judge of the Supreme Court and Pending Re Trial After the Court Quashed the Applicant's Conviction

Legal Issues

  1. 1 ['Whether the applicant showed cause under s 16A of the Bail Act 2013 why his detention was not justified.' 'Whether bail concerns under ss 17 and 18 of the Bail Act 2013, including risks to community safety and witnesses, justified refusal of bail.' 'Whether the alleged weakness of the Crown case and the time spent in custody pending re-trial justified release on bail.']

Ratio Decidendi

The applicant failed to show cause why his continued detention was not justified. Although he relied on the alleged weakness of the Crown case and time spent in custody, the Court was not satisfied that the Crown case was so weak as to justify release. The applicant's serious criminal history, the seriousness of the murder and shooting charges, and recorded threats to kill police demonstrated bail concerns relating to community safety, police and witnesses, and the Court was not satisfied he would comply with any bail conditions. Bail would have been refused even if cause had been shown.

Court Disposition

Application refused; bail refused.

Orders

  • ['Bail refused on 17 May 2017.']