R v Toksoz [2015] NSWSC 1234

R v Toksoz [2015] NSWSC 1234

The applicant showed cause because the cumulative effect of delayed brief service, likely lengthy remand before trial, identifiable weaknesses in the prosecution case, exceptional personal hardship and substantial security justified release. Applying s 18 separately, the serious allegations raised bail concerns, but those concerns were sufficiently mitigated by the applicant's family and community ties, the conditions imposed, the security and the weaknesses in the prosecution case, so they did not amount to unacceptable risks under s 19. On the variation application, despite concerns arising from Mehmet Toksoz's history, the matters were not of great significance, he offered $200,000...

Jurisdiction
Australia
Judgment Date
23 July 2015
Procedural Posture
Criminal Bail Application / Release Application and Bail Variation Application
Outcome
Bail granted on conditions; bail varied to decide that Mehmet Toksoz is an acceptable person for the $200,000 security requirement.
Legal Topics
['show Cause Requirement' 'bail Concerns' 'conditional Bail' 'acceptable Person' 'security Requirement']
['criminal Law' 'bail'] ['show Cause Requirement' 'bail Concerns' 'conditional Bail' 'acceptable Person' 'security Requirement']

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 / Release Application and Bail Variation Application

Legal Issues

  1. 1 ['Whether the applicant showed cause under ss 16A and 16B of the Bail Act 2013 (NSW) why his detention was not justified.' 'Whether bail concerns, including failure to appear, commission of a serious offence and danger to victims or the community, could be mitigated so that there were no unacceptable risks.' 'Whether Mehmet Toksoz was an acceptable person for the purposes of a security requirement under s 26 of the Bail Act 2013 (NSW).']

Ratio Decidendi

The applicant showed cause because the cumulative effect of delayed brief service, likely lengthy remand before trial, identifiable weaknesses in the prosecution case, exceptional personal hardship and substantial security justified release. Applying s 18 separately, the serious allegations raised bail concerns, but those concerns were sufficiently mitigated by the applicant's family and community ties, the conditions imposed, the security and the weaknesses in the prosecution case, so they did not amount to unacceptable risks under s 19. On the variation application, despite concerns arising from Mehmet Toksoz's history, the matters were not of great significance, he offered $200,000...

Court Disposition

Bail granted on conditions; bail varied to decide that Mehmet Toksoz is an acceptable person for the $200,000 security requirement.

Orders

  • ['The applicant is to be of good behaviour.' 'The applicant is to report to The Hills Local Area Command daily between 9am and 5pm.' 'The applicant is to live at the specified redacted address.' 'The applicant is to appear at Burwood Local Court on 12 August 2015 and on such date thereafter as required.' 'The...