R v Sarkhel ROKHZAYI [2014] NSWSC 958

R v Sarkhel ROKHZAYI [2014] NSWSC 958

Bail was refused because the circumstances and evidence indicated that the respondent posed an unacceptable risk of flight, committing further serious offences, and endangering victims, and that these risks could not be sufficiently mitigated by any set of bail conditions.

Jurisdiction
Australia
Judgment Date
11 July 2014
Procedural Posture
Criminal / Application for Revocation of Bail
Outcome
Bail refused
Legal Topics
['bail' 'unacceptable Risk' 'organised Crime' 'accessory Before the Fact' 'firearms Offences']
['criminal Law'] ['bail' 'unacceptable Risk' 'organised Crime' 'accessory Before the Fact' 'firearms Offences']

Case Brief

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Procedural Posture

Criminal / Application for Revocation of Bail

Legal Issues

  1. 1 ['Whether to revoke bail under Bail Act 2013 (NSW) s 50(1) given the alleged involvement in organised criminal activity and risk assessment criteria, including whether any unacceptable risk can be mitigated by conditions.']

Ratio Decidendi

Bail was refused because the circumstances and evidence indicated that the respondent posed an unacceptable risk of flight, committing further serious offences, and endangering victims, and that these risks could not be sufficiently mitigated by any set of bail conditions.

Court Disposition

Bail refused

Orders

  • ['Bail is refused.']