Director of Public Prosecutions (Queensland) v Bakir

[2006] QCA 562

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Bail
3. › Grant of bail on serious charges
4. › Risk of interference with witnesses
5. › Whether bail conditions reduced risk to acceptable level
6. › Whether residence condition in another state was relevant consideration
7. › Bail Act 1980 (Qld), s 15(3)
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary bail decision
4. › Application of House v The King principles
5. › Whether primary judge's assessment of risk involved error of principle or was unreasonable
1. Criminal Law
2. › Bail
3. › Successive bail applications
4. › Whether material change of circumstances since earlier refusal
5. › Clarification of trial date and proposed interstate residence

Quick Take

A bail condition requiring an accused to reside in another state can be a relevant and sufficient measure to reduce the risk of witness interference to an acceptable level, and an appellate court will not interfere with such an evaluative assessment unless House v The King error is demonstrated. Assessments of the risk of witness interference are matters of impression and degree on which reasonable minds may differ, and there is no objective standard by which such assessments can be shown to be wrong.