Fantakis v R; Woods v R [2017] NSWSC 1840

Supreme Court New South Wales

Medium Neutral Citation: Fantakis v R; Woods v R [2017] NSWSC 1840 Hearing dates: 28 July 2017 Date of orders: 03 August 2017 Decision date: 03 August 2017 Jurisdiction: Common Law Before: Wilson J Decision: (1) The application for bail by Elefterios Fantakis is refused. (2) The application for bail by Andrew Woods is refused. Catchwords: CRIMINAL LAW – application for bail – charges of murder and accessory after murder – where earlier application refused – s 74 Bail Act 2013 – show cause provision – length of delay in matter proceeding to trial – responsibility for delay – disadvantage in preparing a case from custody – willingness to comply with bail conditions – need for medical treatment Legislation Cited: Bail Act 2013 (NSW) Crime Commission Act 2012 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Cases Cited: Cain (No 1) (2001) 121 A Crim R 365 Director of Public Prosecutions (NSW) v Zaiter [2016] NSWCCA 247 Director of Public Prosecutions v Hourigan [2017] NSWCCA 170 DPP v Tikomaimaleya [2015] NSWCA 83 Filipetti v R (1984) 13 A Crim R 335 Moukhallaletti v Director of Public Prosecutions (NSW) [2016] NSWCCA 314 Category: Principal judgment Parties: Elefterios Fantakis (Applicant) Andrew Woods (Applicant) Regina (Respondent Crown) Representation: Counsel: E. Wilkins SC (Respondent Crown)