R v Lock [2015] NSWSC 1865

Supreme Court New South Wales

Medium Neutral Citation: R v Lock [2015] NSWSC 1865 Hearing dates: 1 December 2015 Date of orders: 09 December 2015 Decision date: 09 December 2015 Jurisdiction: Common Law Before: Campbell J Decision: Bail is refused Catchwords: BAIL – application – where applicant charged with sexual assault and murder of a two year old – whether the applicant has shown cause why his detention is not justified Legislation Cited: Bail Act 2013 (NSW); Criminal Procedure Act 1986 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Category: Principal judgment Parties: Thomas Lock (Applicant) Regina (Crown) Representation: Counsel: D. Laird (Crown) G. Scragg (Applicant)

Solicitors: Director of Public Prosecutions (Crown) Jeffreys Lawyers File Number(s): 2015/255092 Publication restriction: Non publication order lifted as criminal proceedings have been finalised

judgment 1. The applicant for bail has been in custody since 2nd May 2014. He is charged with two very serious offences of sexually assaulting and murdering a two year old child who I will refer to as TM. The offences are alleged to have occurred on 20th April 2014. The applicant was arrested on 2nd May 2014. 2. The matter remains in the Local Court because the applicant is fighting the charges by resisting his committal for trial. Part of the delay, if it be such, has been caused by the applicant's contested application under s 91 Criminal Procedure Act 1986 (NSW) for expert medical witnesses to attend the committal hearing for cross-examination. The application was successful and the committal hearing has been fixed for 4th April 2016.