R v Turkmani & Kaddour [2000] NSWSC 491

R v Turkmani & Kaddour [2000] NSWSC 491

The applications for review of bail determinations constitute applications 'in relation to bail' under s 22A. Previous applications have already been made and dealt with; therefore, the Court must be satisfied that special circumstances exist to justify entertaining new applications. The emergence of weaker prosecution evidence at committal and the fact that the applicants' previous applications were not the cause of bail revocation amount to such special circumstances, so the applications will be entertained.

Parties
Prosecution: Regina; Applicant: Bassam Turkmani; Applicant: Kalid Kaddour
Jurisdiction
Australia
Judgment Date
06 June 2000
Procedural Posture
Criminal / Application for Review of Bail Determination
Outcome
Applications for bail reviews will be entertained; further hearing to be scheduled.
Legal Topics
Bail, Review of Bail Decisions, Application of S 22 a of Bail Act
Criminal Law Bail Review of Bail Decisions Application of S 22 a of Bail Act

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Parties

Regina

Prosecution

Bassam Turkmani

Applicant

Kalid Kaddour

Applicant

Procedural Posture

Criminal / Application for Review of Bail Determination

Legal Issues

  1. 1 Whether s 22A of the Bail Act applies to a second application for review of bail by accused.
  2. 2 Whether special circumstances exist to justify entertaining a second application for bail review.

Ratio Decidendi

The applications for review of bail determinations constitute applications 'in relation to bail' under s 22A. Previous applications have already been made and dealt with; therefore, the Court must be satisfied that special circumstances exist to justify entertaining new applications. The emergence of weaker prosecution evidence at committal and the fact that the applicants' previous applications were not the cause of bail revocation amount to such special circumstances, so the applications will be entertained.

Court Disposition

Applications for bail reviews will be entertained; further hearing to be scheduled.

Orders

  • Each application is stood over for hearing on a date to be fixed.