Hilmi v R [2019] NSWSC 1117

Hilmi v R [2019] NSWSC 1117

Bail was refused because, despite the applicant's lack of criminal history, family circumstances and time likely to be spent in custody before trial, the prosecution case was assessed as overwhelming, conviction for the principal offence and a lengthy custodial sentence were likely, there was evidence of assets including offshore property, the proposed security was inadequate, and the proposed conditions would not reduce to an acceptable level the risks that the applicant would fail to appear or commit further serious offences.

Jurisdiction
Australia
Judgment Date
27 August 2019
Procedural Posture
Bail Release Application / Application for Bail After Arrest and Charge, Pending Trial
Outcome
Release application dismissed; bail refused.
Legal Topics
['release Application' 'unacceptable Risk' 'risk of Failure to Appear' 'risk of Committing Serious Offences' 'dishonestly Obtaining a Gain' 'money Laundering' 'national Disability Insurance Scheme Fraud']
['bail' 'criminal Law'] ['release Application' 'unacceptable Risk' 'risk of Failure to Appear' 'risk of Committing Serious Offences' 'dishonestly Obtaining a Gain' 'money Laundering' 'national Disability Insurance Scheme Fraud']

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

Bail Release Application / Application for Bail After Arrest and Charge, Pending Trial

Legal Issues

  1. 1 ['Whether the applicant presented an unacceptable risk of failing to appear in proceedings if released on bail.' 'Whether the applicant presented an unacceptable risk of committing serious offences if released on bail.' 'Whether proposed bail conditions, including house arrest, internet restrictions, security and travel restrictions, would mitigate the identified bail concerns.']

Ratio Decidendi

Bail was refused because, despite the applicant's lack of criminal history, family circumstances and time likely to be spent in custody before trial, the prosecution case was assessed as overwhelming, conviction for the principal offence and a lengthy custodial sentence were likely, there was evidence of assets including offshore property, the proposed security was inadequate, and the proposed conditions would not reduce to an acceptable level the risks that the applicant would fail to appear or commit further serious offences.

Court Disposition

Release application dismissed; bail refused.

Orders

  • ['Bail refused.' 'The release application is dismissed.']