Director of Public Prosecutions (Cth) v Dirani [2022] NSWCCA 89

Director of Public Prosecutions (Cth) v Dirani [2022] NSWCCA 89

The Court granted the DPP's detention application because, despite the respondent's lengthy custody, onerous COVID-19 custody conditions, family ties and medical issues, the risk that he would commit serious offences endangering community safety if released could not be removed or adequately ameliorated by bail conditions. The Crown case was very strong, the alleged terrorism-related conduct was serious, the respondent had extremist associations and statements supporting violent jihad, and the Court was not persuaded that he would comply with bail conditions or that he had changed his views. The Court was satisfied that an unacceptable risk existed within s 19 of the Bail Act 2013 (NSW).

Jurisdiction
Australia
Judgment Date
02 May 2022
Procedural Posture
Detention Application Under Ss 50 and 67(1)(e) of the Bail Act 2013 (nsw) Following a Grant of Conditional Bail / Court of Criminal Appeal Hearing as a New Hearing After Bail Was Granted by Hamill J in the Supreme Court of New South Wales
Outcome
DPP's detention application granted; the grant of bail was revoked and bail was refused.
Legal Topics
['detention Application' 'exceptional Circumstances' 'unacceptable Risk' 'risk of Committing a Serious Offence' 'risk to Community Safety' 'bail Conditions' 'suppression and Non Publication Orders']
['criminal Law' 'bail' 'terrorism Offences'] ['detention Application' 'exceptional Circumstances' 'unacceptable Risk' 'risk of Committing a Serious Offence' 'risk to Community Safety' 'bail Conditions' 'suppression and Non Publication Orders']

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Procedural Posture

Detention Application Under Ss 50 and 67(1)(e) of the Bail Act 2013 (nsw) Following a Grant of Conditional Bail / Court of Criminal Appeal Hearing as a New Hearing After Bail Was Granted by Hamill J in the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether exceptional circumstances existed to justify bail for a person charged with a terrorism offence' 'Whether any bail conditions could remove or adequately ameliorate the risk that the respondent would commit serious offences if released' 'Whether the respondent posed an unacceptable risk to the safety of individuals or the community' 'Whether the grant of bail made by Hamill J should be revoked and bail refused']

Ratio Decidendi

The Court granted the DPP's detention application because, despite the respondent's lengthy custody, onerous COVID-19 custody conditions, family ties and medical issues, the risk that he would commit serious offences endangering community safety if released could not be removed or adequately ameliorated by bail conditions. The Crown case was very strong, the alleged terrorism-related conduct was serious, the respondent had extremist associations and statements supporting violent jihad, and the Court was not persuaded that he would comply with bail conditions or that he had changed his views. The Court was satisfied that an unacceptable risk existed within s 19 of the Bail Act 2013 (NSW).

Court Disposition

DPP's detention application granted; the grant of bail was revoked and bail was refused.

Orders

  • ['Pursuant to s 50 of the Bail Act 2013 the Court revokes the grant of bail made by Hamill J to Mr Dirani.' 'Pursuant to s 50 of the Bail Act 2013 the Court refuses bail.' 'The Court reserves its reasons for making the above orders.' "Pursuant to s 8 of the Court Suppression and Non-Publication Orders Act 2010...