Section 16(2) of the Bail Act 1980 (Qld) does not oblige a judge hearing a bail application to assess the strength of the Crown case regardless of difficulty; the section requires only that, to the extent the strength of the case is apparent, it must be taken into account. Where the committal is incomplete and no meaningful assessment can be made, the factor loses weight as a consideration. Delay in bringing a matter to trial does not of itself establish that pre-trial detention is unjustified, particularly where the delay is attributable to the accused's conduct of committal proceedings. A criminal history of destroying evidence to subvert criminal prosecutions is particularly relevant to the assessment of risk of witness interference under s 16(1)(a)(ii)(C).
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
5 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.