Frigger v WA

[2024] WASCA 159

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Bail
3. › Bail after conviction pending sentence
4. › Refusal of bail
5. › Whether trial judge obliged to hear further bail application where no material change in circumstances
6. › Whether refusal of bail indicated prejudgment of sentence
7. › Bail Act 1982 (WA), s 7, s 7D, s 14, sch 1 pt C cl 4
1. Criminal Law
2. › Bail
3. › Apprehended bias
4. › Whether refusal of bail pending sentence gave rise to reasonable apprehension of prejudgment of sentence
5. › Whether forming provisional view of probable sentencing outcome constitutes prejudgment
1. Criminal Law
2. › Bail
3. › Appeal against bail decision
4. › Standard of appellate review
5. › Discretionary decision
6. › Whether [name withheld] v The King principles apply
7. › Bail Act 1982 (WA), s 15A, s 15B
1. Criminal Law
2. › Bail
3. › Material change in circumstances
4. › Whether grant of bail on separate charge constituted material change
5. › Whether prospects of success on conviction appeal constituted material change
6. › Bail Act 1982 (WA), sch 1 pt B cl 4, sch 1 pt C cl 4

Quick Take

A sentencing judge is not obliged to hear a further bail application pending sentence where no material change in circumstances has been demonstrated since the initial refusal, and the grant of bail on a separate charge does not necessarily constitute such a change.