R v Osuamadi [2013] NSWSC 1831

Supreme Court New South Wales

Medium Neutral Citation: R v Osuamadi [2013] NSWSC 1831 Hearing dates: 5 December 2013 Decision date: 11 December 2013 Jurisdiction: Common Law Before: Harrison J Decision: Bail refused Catchwords: CRIMINAL LAW – application for bail – where applicant in custody on remand bail refused – s 22A (1A)(c) Bail Act – whether "circumstances relevant to the grant of bail have changed since the previous application was made" – where applicant incarcerated for prolonged period without concluded trial – s 22A threshold satisfied – where onus on applicant to show bail should not be refused – bail refused Legislation Cited: Drug Misuse and Trafficking Act 1985 Category: Principal judgment Parties: Maximus Onu Osuamadi (Applicant) Crown (Respondent) Representation: Counsel: A Lucas (Applicant) A Metcalf (Crown)

Solicitors: Mark Rumore (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 2012/106551

Judgment 1. HIS HONOUR: Mr Osuamadi applies for bail. He was arrested on 4 April 2012 and charged with supplying a commercial quantity of methylamphetamine contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. The offence is alleged to have been committed on 19 January 2012. Mr Osuamadi has been in custody on remand bail refused since the date of his arrest. His next trial is scheduled to commence at the Parramatta District Court on 1 September 2014. He will by then have been in custody awaiting trial for two years and five months. 2. On 12 July 2012 Mr Osuamadi applied for bail. His application was heard and refused by Campbell J. In those circumstances this application attracts the operation of s 22A of the Bail Act 1978, which is relevantly in these terms: "22A Power to refuse to hear bail application (1) A court is to refuse to entertain an application for bail by a person accused of an offence if an application by the person in relation to that bail has already been made and dealt with by the court, unless there are grounds for a further application for bail. (1A) For the purposes of this section, the grounds for a further application for bail are: (a) the person was not legally represented when the previous application was dealt with and the person now has legal representation, or (b) information relevant to the grant of bail is to be presented in the application that was not presented to the court in the previous application, or (c) circumstances relevant to the grant of bail have changed since the previous application was made. (2)…"