Judgments

Case #: 148 of 2019
DAMARGIO WHYMS AND THE DIRECTOR OF PUBLIC PROSECUTIONS

Bail appeal – Pre-trial bail - Repeat application – Appeal from second denial of bail – Exercise of statutory discretion pursuant to sections 4(2)(a) and 4(2)(c) of the Bail Act - Judge's finding that there had been no change of circumstances since the last application – Whether second judge failed to consider second application afresh – Duty to consider all relevant factors – Adoption of findings of first judge – Risk of absconding - Failure by both judges to consider whether conditions could be imposed to minimize risk – Sections 4(2), 4(2A) and 4(2B) of the Bail Act – Part C offences - Part A factors

Pending before Privy Council?: no

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Written / Supreme Criminal Matter
by Justice(s) Hon. Mr. Justice Isaacs, JA., Hon. Madam Justice Crane-Scott, JA and Hon. Mr Justice Evans, JA.
Date Added:
06/12/2019

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