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In the matter of an application for bail by Luke Marsh [2013] ACTSC 16 (16 January 2013)

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http://www.austlii.edu.au/au/cases/act/ACTSC/2013/16.html

CRIMINAL LAW – application for bail – review of a decision of the Magistrates Court refusing bail – jurisdiction of the Supreme Court under Bail Act s 43A – requirement for a decision to have been made under Bail Act s 42A – Court not satisfied jurisdiction enlivened under s 43A – Bail Act s 9D – requirement for fresh evidence or change in circumstances – interpretation in light of the Human Rights Act 2004 (ACT) – no fresh evidence or changed circumstances relevant to the grant of bail – where, if other hurdles surmounted, Court not satisfied bail would have been justified in the circumstances – application refused.


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