Commonwealth Director of Public Prosecutions v Sadrata [2022] NFSC 2

SUPREME COURT OF NORFOLK ISLAND

Commonwealth Director of Public Prosecutions v Sadrata [2022] NFSC 2 File number: SCC 1 of 2022

Judgment of: WIGNEY J

Date of judgment: 6 December 2022

Catchwords: PRACTICE AND PROCEDURE – application for variation to accused's bail conditions – contemplated travel to Fiji prior to sentencing hearing – considerations in s 25(1) of Bail Act 2005 (NI) – whether accused considered a flight risk – further bail conditions imposed to promote compliance with current conditions – variation made

Legislation: Bail Act 2005 (NI) s 25(1)(a) Criminal Code 2007 (NI) ss 82, 87

Number of paragraphs: 13

Date of hearing: 6 December 2022

Solicitor for the Prosecutor: Ms G Smith for Commonwealth Director of Public Prosecutions

Counsel for the Accused: Mr P Rowe

Solicitor for the Accused: McIntyres Lawyers

ORDERS SCC 1 of 2022 BETWEEN: COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS Prosecutor

AND: EMOSI SADRATA Accused

order made by: WIGNEY J DATE OF ORDER: 6 december 2022

THE COURT ORDERS THAT:

1. Conditions 1 and 2 of the accused's bail conditions imposed on 6 June 2021 be suspended for the period 20 to 27 December 2022, and the accused be permitted to reside during that period at Lot 4, Natokowaqa Street, Lautoka, Fiji. 2. The accused enter into an agreement and deposit acceptable security to forfeit the sum of $2000 if he fails to comply with his bail undertaking. 3. The accused's daughter, Ms Meresiana Nayagodanu Sadrata, enter into an agreement, without security, to forfeit the sum of $10,000 if the accused fails to comply with his bail undertaking. 4. The prosecutor file and serve any evidence upon which the prosecutor proposes to rely in opposition to the application to withdraw the guilty pleas on or before 13 January 2023. 5. The accused file and serve an outline of submissions in support of the application to withdraw the guilty pleas on or before 20 January 2023. 6. The prosecutor file and serve an outline of submissions in respect of the opposition to the application to withdraw the guilty pleas on or before 27 January 2023. 7. The accused be discharged from the agreement entered into by him upon his return to Australia on 27 December 2022, and the security provided by him in support of that agreement be also discharged. 8. The accused's daughter be discharged from the agreement to forfeit that she entered into, again, upon the return of the accused to Australia on 27 December 2022.