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Application for bail dismissed; applicant did not show why continued detention in custody not justified; BA s 16(2A) forbids court from having regard to monitoring device condition imposable under BA s 11(9B) when assessing risk: Burns J.
Notice of Appeal Filed
File Number: CA5431/22
10 May 2022
Notice of appeal filed.
Appeal Determined (QCA)
[2022] QCA 145
12 Aug 2022
Appeal dismissed; submitted that primary judge erred in consideration of BA ss 16(2A) and 11(9B); submitted that proper construction that court must not consider effect on risk of imposing condition in isolation from other conditions; construction involves reading in words too much at variance with language used; provisions contemplate (limited) situation where condition necessary although risk acceptable: McMurdo JA, Dalton JA, Kelly J.
Appeal Status
Appeal Determined (QCA)
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