R v Elzamtar [2017] NSWSC 275

R v Elzamtar [2017] NSWSC 275

Bail was granted as the Crown case on the prohibited weapons charges was weak, the apprehended violence offences were at the low end of seriousness and likely to attract a non-custodial sentence, and there was significant delay before trial. Any risks identified could be adequately mitigated by appropriate bail conditions.

Jurisdiction
Australia
Judgment Date
21 March 2017
Procedural Posture
Bail Application / Interlocutory
Outcome
Conditional bail granted
Legal Topics
['bail' 'show Cause Offences' 'unacceptable Risk' 'bail Conditions']
['criminal Law'] ['bail' 'show Cause Offences' 'unacceptable Risk' 'bail Conditions']

Case Brief

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Procedural Posture

Bail Application / Interlocutory

Legal Issues

  1. 1 ['Whether applicant has shown cause why his continued incarceration is not justified under Bail Act 2013 s 16A(1)' 'Whether there are unacceptable risks justifying refusal of bail under s 17(2) of the Bail Act 2013']

Ratio Decidendi

Bail was granted as the Crown case on the prohibited weapons charges was weak, the apprehended violence offences were at the low end of seriousness and likely to attract a non-custodial sentence, and there was significant delay before trial. Any risks identified could be adequately mitigated by appropriate bail conditions.

Court Disposition

Conditional bail granted

Orders

  • ['Applicant to be of good behaviour.' 'Applicant to reside with Ammoun Elzamtar at specified address.' 'Applicant to report to Bass Hill Police Station twice daily between specified hours.' 'Applicant not to be absent from specified address between 9pm and 6am and to present himself if required by police.'...