Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8:

1. THE COURT: On 9 December 2021, following a 13-day trial, ZT, who was a child at the time of the murder, was convicted in the Supreme Court sitting at Wagga Wagga. He appealed against his conviction to this Court: ZT v R [2023] NSWCCA 241. In those proceedings, Kirk JA and Sweeney J upheld the sole ground of appeal, that ZT's conviction of murder was unreasonable or could not be supported having regard to the evidence. Justice Fagan dissented and would have dismissed the appeal. As the majority upheld the single unreasonable verdict ground, a verdict of acquittal was entered by this Court on 29 September 2023. The Crown then appealed to the High Court, which on 2 April 2025, allowed the appeal, set aside the orders of this Court and remitted the matter for determination according to law: The King v ZT (2025) 99 ALJR 676; [2025] HCA 9. The conviction appeal re-hearing is listed for hearing in this Court on 20 August 2025.

2. On 30 May 2025, ZT filed a release application which we heard on 20 June 2025. The Crown accepts that ZT's appeal to this Court remains "pending" in this Court. ZT filed his initial notice of appeal within the applicable time limits and this Court has jurisdiction to consider a release application.

3. ZT was first arrested for the offence of murder in Queensland on 5 September 2019 and remained in continuous custody from the date of his arrest until his appeal was upheld by this Court. He was initially bail refused up until the date of his sentence on 29 April 2022, after which he became a sentenced prisoner. No bail application was made to this Court pending the hearing of his original appeal. ZT was released when the verdict of acquittal was entered by this Court on 29 September 2023. Following the decision of the High Court on 2 April 2025, ZT was returned to custody on 8 April 2025, when he resumed serving his original sentence. At the time of the hearing of his current application to this Court, ZT has not been refused bail but remains a sentenced prisoner. This Court has not previously considered any application by ZT for release.

4. Section 22 of the Bail Act 2013 is in the following relevant terms:

22 General limitation on court's power to release

(1) Despite anything to the contrary in this Act, a court is not to grant bail or dispense with bail for any of the following offences, unless it is established that special or exceptional circumstances exist that justify that bail decision--

(a) an offence for which an appeal is pending in the Court of Criminal Appeal against--

(i) a conviction on indictment, or

(ii) a sentence imposed on conviction on indictment,

(b) an offence for which an appeal from the Court of Criminal Appeal is pending in the High Court in relation to an appeal referred to in paragraph (a).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1985e16d1697e30433c3a753)

Disclaimer: Curated by HT Syndication.