High Court Corruption and Economic Crimes Division - 2016 December

2 judgments
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2 judgments
Citation
Judgment date
December 2016
A valid DPP certificate under s.36(2) EOCCA precludes granting bail until withdrawn or set aside.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.
23 December 2016
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).
19 December 2016