Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Breach of fair procedure was not so egregious as to render detention of sex offender unlawful
|
or click here to request site subscription to search and view all judgments |
High Court, by way of a habeas corpus application, refuses to order the release of a convicted sex offender who was remanded in custody pending sentence, despite there being no objections to bail, finding that while the trial judge did breach the principle of "audi alteram partem", it was not so egregious a breach as would render the prisoner’s resultant detention unlawful.
Criminal law – habeas corpus – Article 40.4.2 – Mr. A was remanded in custody pending sentence despite there being no objections to bail – whether Mr A was allowed to make his case fully as to whether or not bail should continue to be extended to him pending sentence – whether the trial judge breached the fundamental principle known as "audi alteram partem" – whether Article 40 is an appropriate remedy – whether the trial judge was acting within jurisdiction – breach was not so egregious a breach as would yield a denial of justice or flaw in the proceedings sufficient to render the prisoner’s resultant detention unlawful – Mr A’s continuing detention is not unlawful – reliefs sought refused.
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.
