R v Ali-Ahmad [2018] NSWSC 413

R v Ali-Ahmad [2018] NSWSC 413

Although the different residential rehabilitation proposal and proposed withdrawal of the drug supply charge satisfied Bail Act 2013 s 74, the applicant did not show cause why detention was not justified. The Crown case was very strong, a significant custodial sentence was assessed as inevitable, there was no proper evidentiary basis that the applicant had a drug or alcohol addiction for which residential rehabilitation was appropriate, and his past conduct and the sophisticated alleged offending meant the proposed conditions would not make the risk of further serious offending acceptable.

Jurisdiction
Australia
Judgment Date
05 April 2018
Procedural Posture
Criminal Bail Release Application / Further Release Application After Previous Refusal of Bail; Hearing Under Bail Act 2013 S 74
Outcome
Application dismissed
Legal Topics
['release Application' 'show Cause Requirement' 'unacceptable Risk' 'residential Rehabilitation Program' 'alleged Proceeds of Crime and Drug Supply Offences']
['criminal Law' 'bail'] ['release Application' 'show Cause Requirement' 'unacceptable Risk' 'residential Rehabilitation Program' 'alleged Proceeds of Crime and Drug Supply Offences']

Case Brief

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Procedural Posture

Criminal Bail Release Application / Further Release Application After Previous Refusal of Bail; Hearing Under Bail Act 2013 S 74

Legal Issues

  1. 1 ['Whether the applicant had demonstrated grounds for a further release application within the meaning of Bail Act 2013 s 74.' 'Whether the applicant showed cause why his detention was not justified under Bail Act 2013 s 16B(1)(h)(ii).' 'Whether proposed bail conditions, including residential rehabilitation, electronic monitoring and monetary security, would address bail concerns about failure to appear and further serious offending.']

Ratio Decidendi

Although the different residential rehabilitation proposal and proposed withdrawal of the drug supply charge satisfied Bail Act 2013 s 74, the applicant did not show cause why detention was not justified. The Crown case was very strong, a significant custodial sentence was assessed as inevitable, there was no proper evidentiary basis that the applicant had a drug or alcohol addiction for which residential rehabilitation was appropriate, and his past conduct and the sophisticated alleged offending meant the proposed conditions would not make the risk of further serious offending acceptable.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed']