R v Alahmad [2019] NSWSC 412

R v Alahmad [2019] NSWSC 412

The applicant continued to pose unacceptable risks of non-appearance, committing further serious offences, danger to the victim, and interference with witnesses or evidence, given the seriousness of the alleged offences, the strength of the prosecution case on affray, the likely significant custodial sentence if convicted, his record and criminal associations, and the circumstances of the alleged armed confrontation. His compliance with stringent bail conditions showed that those conditions were effective, not that the risks had diminished. Because he refused cross-examination, no weight could be given to his letter. The house arrest condition remained reasonably necessary, proportionate,...

Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Application Under the Bail Act 2013 (nsw) for Variation of Bail Conditions / Supreme Court Bail Variation Application Before Arraignment in the Parramatta District Court
Outcome
Application for bail variation refused.
Legal Topics
['variation of Bail Conditions' 'house Arrest Condition' 'bail Concerns' 'unacceptable Risk' 'show Cause and Unacceptable Risk Tests' 'weight of Untested Written Evidence']
['criminal Law' 'bail'] ['variation of Bail Conditions' 'house Arrest Condition' 'bail Concerns' 'unacceptable Risk' 'show Cause and Unacceptable Risk Tests' 'weight of Untested Written Evidence']

Case Brief

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Procedural Posture

Application Under the Bail Act 2013 (nsw) for Variation of Bail Conditions / Supreme Court Bail Variation Application Before Arraignment in the Parramatta District Court

Legal Issues

  1. 1 ["Whether the applicant's bail conditions should be varied to remove or relax the condition amounting to house arrest." 'Whether the applicant continued to pose bail concerns and unacceptable risks of non-appearance, committing a serious offence, danger to the victim, and interference with witnesses or evidence.' "Whether weight should be given to the applicant's letter when he refused to give evidence or be cross-examined."]

Ratio Decidendi

The applicant continued to pose unacceptable risks of non-appearance, committing further serious offences, danger to the victim, and interference with witnesses or evidence, given the seriousness of the alleged offences, the strength of the prosecution case on affray, the likely significant custodial sentence if convicted, his record and criminal associations, and the circumstances of the alleged armed confrontation. His compliance with stringent bail conditions showed that those conditions were effective, not that the risks had diminished. Because he refused cross-examination, no weight could be given to his letter. The house arrest condition remained reasonably necessary, proportionate,...

Court Disposition

Application for bail variation refused.

Orders

  • ["The application for variation of Mr Alahmad's bail conditions is refused."]