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Refusal to grant bail is set aside

By: Hannah Godfrey BL

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Court of Appeal allows appeal against refusal to grant bail, on the grounds that: (a) while the High Court judge was entitled even on the incomplete and limited evidence before her to draw the inference that as a matter of probability the complainant had been intimidated, any intimidation had not been linked to the appellant; and (b) where the proceedings before the High Court had also been unsatisfactory in a number of other respects, the just and most appropriate course was to allow the appeal and set aside the judgment of the High Court.

Appeal against refusal to grant bail - appellant charged with number of offences arising from single incident - false imprisonment, theft, assault causing harm, threatening to kill, burglary and contravening a regulation to prevent, limit or minimise the spread of Covid 19 - objections to bail both under s. 2 of the Bail Act 1997 and O'Callaghan grounds - High Court upheld objection on one of the O'Callaghan grounds, finding that there was a probability that the appellant would interfere with the principal witness against him, being the complainant - whether High Court failed to have adequate regard to the presumption in favour of bail - whether High Court erred in inferring that the chief prosecution witness had been intimidated and related grounds of appeal in respect of the inferred intimidation - whether High Court failed to have any or any adequate regard to the weakening of the prosecution case where the complainant had given evidence that she had fabricated certain claims - whether High Court failed to have any or any adequate regard to the impact of the complainant’s evidence that she intended to leave the jurisdiction with her child - whether High Court erred in failing to adequately consider whether conditions could be imposed that would remedy any concern - whether High Court had failed to vindicate the appellant's rights.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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