R v Mohamed HUSSIEN [2021] NSWDC 313

R v Mohamed HUSSIEN [2021] NSWDC 313

The accused failed to show cause why his detention was not justified. Although Crown delay was relevant and criticised, it did not create a disproportion between continuing remand and likely sentence if convicted, given the seriousness of the alleged firearms offences, the apparent strength of the Crown case connecting the accused to the weapon, concerns about danger to the community, prior breaches of strict bail conditions, and the fact that trial was approximately ten weeks away.

Jurisdiction
Australia
Judgment Date
08 July 2021
Procedural Posture
Criminal Bail Application / Pre Trial Application for Bail in District Court
Outcome
Application for bail refused.
Legal Topics
['show Cause Bail' 'use or Possession of Prohibited Pistol or Firearm' 'reckless Discharge of Firearm' 'delay in Prosecution Readiness for Trial' 'risk to Community' 'non Compliance With Bail']
['criminal Law' 'bail' 'firearms Offences'] ['show Cause Bail' 'use or Possession of Prohibited Pistol or Firearm' 'reckless Discharge of Firearm' 'delay in Prosecution Readiness for Trial' 'risk to Community' 'non Compliance With Bail']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Bail Application / Pre Trial Application for Bail in District Court

Legal Issues

  1. 1 ['Whether the accused showed cause why his detention was not justified for alleged show cause offences.' "Whether delay in the Crown's preparation for trial justified release on bail." 'Whether the seriousness of the alleged offences, apparent strength of the Crown case, danger to the community and prior non-compliance with bail weighed against bail.']

Ratio Decidendi

The accused failed to show cause why his detention was not justified. Although Crown delay was relevant and criticised, it did not create a disproportion between continuing remand and likely sentence if convicted, given the seriousness of the alleged firearms offences, the apparent strength of the Crown case connecting the accused to the weapon, concerns about danger to the community, prior breaches of strict bail conditions, and the fact that trial was approximately ten weeks away.

Court Disposition

Application for bail refused.

Orders

  • ['The application for bail is refused.' 'The court directs the prosecution not later than 20 July 2021 to inform the accused by letter of the state of the prosecution readiness for trial, including description of the whole Crown Brief for trial and when it is to be served.' "The court directs a transcript of today's...