Summary
The Court set aside two bail orders concerning alleged attempted murder and the later murder of the same victim. The High Court’s cryptic reasons failed to address the gravity of the allegations, the accused’s antecedents, prior abscondence and the risk of threats to the informant and witnesses. Bail does not require a detailed trial of evidence, but does require a reasoned exercise of discretion on the relevant circumstances. The challenge concerned the justification for granting bail, distinct from cancellation based only on subsequent misconduct. Bail bonds were cancelled and surrender directed within two weeks.
Issues
- Whether the High Court had considered and explained the relevant grounds for bail in the two connected cases.
- Whether the initial bail grants could be set aside without relying on later supervening misconduct.
Held
- An appellate challenge to an unjustified bail grant differs from a cancellation request founded on later violations or supervening events. The original grant can be tested for perversity, illegality or arbitrary exercise of discretion. (¶¶ 21(g), 21(i))
- Bail orders need not contain elaborate evidence analysis or suggest a final conviction or acquittal. They must nevertheless give cogent reasons addressing the accusation, likely punishment, prima facie support, antecedents and risks to attendance, witnesses and evidence. An order lacking relevant reasons can be challenged by the prosecution or informant. (¶ 21-28)
- The two accusations concerned an earlier attempt on the victim’s life and his subsequent murder. The accused’s antecedents, recorded period of abscondence and alleged threats to the victim’s mother created material attendance and witness-protection concerns which the High Court failed adequately to weigh. (¶ 29-31)
- The cryptic orders could not sustain bail in these circumstances. Both were set aside, the bonds cancelled and the accused directed to surrender to the jail authorities within two weeks. These conclusions concerned bail and did not determine guilt at trial. (¶ 30-32)
Result
Both appeals allowed; both bail orders set aside and bonds cancelled; accused directed to surrender within two weeks.