R v Khayat (No 11) [2019] NSWSC 1320

R v Khayat (No 11) [2019] NSWSC 1320

The applicant was charged with a terrorism offence to which s 15AA of the Crimes Act 1914 (Cth) applied. The matters relied on, whether individually or together, were not out of the ordinary: a hung jury is a possible and not uncommon trial outcome, maintaining innocence and giving evidence consistently with that position is usual, preparation difficulties in custody were not shown to have compromised the defence, lack of criminal history, family ties, community connection, custody conditions and separation hardship were not exceptional, and the time in custody and delay before retrial were not exceptional in the circumstances of a complex terrorism trial. The Crown case was assessed as...

Jurisdiction
Australia
Judgment Date
06 June 2019
Procedural Posture
Criminal Bail Release Application on Terrorism Charge / Application for Bail After Hung Jury in First Trial and Before Listed Retrial
Outcome
Bail refused
Legal Topics
['exceptional Circumstances for Bail' 'bail Concerns' 'risk of Failure to Appear' 'strength of Crown Case' 'retrial After Hung Jury']
['criminal Law' 'bail' 'terrorism Offences'] ['exceptional Circumstances for Bail' 'bail Concerns' 'risk of Failure to Appear' 'strength of Crown Case' 'retrial After Hung Jury']

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Procedural Posture

Criminal Bail Release Application on Terrorism Charge / Application for Bail After Hung Jury in First Trial and Before Listed Retrial

Legal Issues

  1. 1 ['Whether the applicant charged with a terrorism offence showed exceptional circumstances justifying bail under s 15AA of the Crimes Act 1914 (Cth).' 'Whether matters including the hung jury at the first trial, maintenance of innocence, family ties, lack of realistic overseas flight options, preparation difficulties in custody, lack of criminal history and time in custody amounted to exceptional circumstances.' 'Whether any bail concern that the applicant would fail to appear could be adequately addressed.']

Ratio Decidendi

The applicant was charged with a terrorism offence to which s 15AA of the Crimes Act 1914 (Cth) applied. The matters relied on, whether individually or together, were not out of the ordinary: a hung jury is a possible and not uncommon trial outcome, maintaining innocence and giving evidence consistently with that position is usual, preparation difficulties in custody were not shown to have compromised the defence, lack of criminal history, family ties, community connection, custody conditions and separation hardship were not exceptional, and the time in custody and delay before retrial were not exceptional in the circumstances of a complex terrorism trial. The Crown case was assessed as...

Court Disposition

Bail refused

Orders

  • ['Refuse the application for bail.']