Lacey v DPP (Qld); Lacey v DPP

(2007) 176 A Crim R 394; [2007] QCA 413

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Jurisdiction, Practice and Procedure
3. › Bail
4. › Grounds for granting or refusing
5. › Before trial
6. › Show cause position
7. › Whether substantial pre-trial delay of itself shows cause
8. › Relevance of delay as factor in evaluative assessment
9. › Bail Act 1980 (Qld), s 16(3)
1. Criminal Law
2. › Jurisdiction, Practice and Procedure
3. › Bail
4. › Grounds for granting or refusing
5. › Before trial
6. › Relevance of voluntary surrender to police
7. › Whether failure to mention surrender in reasons constitutes error
1. Criminal Law
2. › Jurisdiction, Practice and Procedure
3. › Bail
4. › Fresh application for bail
5. › Material change of circumstances
6. › Whether updated listing information, electronic monitoring, sureties and residential options constitute material change
1. Appeal
2. › Appeal from bail refusal
3. › Standard of review
4. › Discretionary decision
5. › Whether discretion miscarried in sense identified in House v The King

Quick Take

Substantial pre-trial delay is an 'important factor' but not a 'critical factor' in the s 16(3) Bail Act 1980 (Qld) show cause assessment; delay does not of itself show cause why detention is not justified. The strength of the Crown case and risks of flight, re-offending and witness interference do not diminish as the length of time to trial increases. Electronic monitoring is not a practical bail condition in Queensland as the necessary infrastructure does not exist.