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Citation
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Judgment date
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| December 2016 |
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A valid DPP certificate under s.36(2) EOCCA precludes granting bail until withdrawn or set aside.
* EOCCA s.36(2) – DPP certificate objecting to bail – validity test: written form; relates to pending criminal matter; certifies likely prejudice to safety or interests of the Republic. * EOCCA ss.29(4)(b),(d) – High Court jurisdiction to hear bail applications before trial commencement. * DPP powers constitutional and not required to provide detailed reasons in certificate. * Clerical errors on certificate and affidavits are curable and not automatically fatal.
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23 December 2016 |
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High Court has jurisdiction under s29(4)(d) and granted bail with mandatory half-value deposit and specified sureties.
* Criminal procedure – Bail pending committal – High Court jurisdiction under s.29(4)(d) of the Economic and Organized Crime Control Act – Mandatory bail condition under s.36(5) requiring deposit of half the amount involved – Factors to balance when granting bail (seriousness of offence, risk of flight, public interest, reliable sureties).
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19 December 2016 |
| November 2016 |
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Division has jurisdiction to hear bail under amended EOCCA; half-value deposit and sharing principle required as bail security.
Corruption & economic crimes division — jurisdiction to hear bail under EOCCA s.29(4)(d) after amendments; Fisheries Regulations offences not scheduled economic offences but may be referred by DPP; EOCCA s.36(5) — mandatory deposit of half the value; sharing principle where multiple accused; bail conditions and verification of security.
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14 November 2016 |
| January 2016 |
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The applicants were granted bail pending committal; court applied s29(4)(d) jurisdiction and s36(5) deposit requirements.
* Bail – Jurisdiction under s.29(4)(d) EOCCA – Bail pending committal – Mandatory financial security under s.36(5) EOCCA – Conditions: deposit equal to half the value, sureties, surrender of travel documents, reporting obligations.
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10 January 2016 |
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3 January 2016 |