R v Ibrahim [2009] NSWSC 1181

R v Ibrahim [2009] NSWSC 1181

Conditional bail was granted because, although the charge was serious and there was no presumption for or against bail, the Applicant had significant medical needs, community ties and no record of failing to appear, the Crown did not oppose bail or contend that non-appearance or further offending justified refusal, the Applicant's alleged role was more limited than others, and stringent proposed conditions were sufficient to address bail risks.

Jurisdiction
Australia
Judgment Date
03 November 2009
Procedural Posture
Criminal Bail Application / Application for Bail in the Supreme Court of New South Wales Pending Appearance at Central Local Court on 26 November 2009 on a Charge of Conspiracy to Murder
Outcome
Conditional bail granted.
Legal Topics
['bail' 'conspiracy to Murder' 'medical Treatment in Custody' 'bail Conditions' 'bail Act 1978']
['criminal Law'] ['bail' 'conspiracy to Murder' 'medical Treatment in Custody' 'bail Conditions' 'bail Act 1978']

Case Brief

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Procedural Posture

Criminal Bail Application / Application for Bail in the Supreme Court of New South Wales Pending Appearance at Central Local Court on 26 November 2009 on a Charge of Conspiracy to Murder

Legal Issues

  1. 1 ['Whether bail should be granted for a charge of conspiracy to murder where there is no presumption for or against bail.' "Whether the Applicant's significant medical needs and likely custody conditions supported release on bail." 'Whether risks of non-appearance, further offending, or interference with witnesses could be addressed by stringent bail conditions.' "What weight should be given to the Crown's considered position that bail was not opposed."]

Ratio Decidendi

Conditional bail was granted because, although the charge was serious and there was no presumption for or against bail, the Applicant had significant medical needs, community ties and no record of failing to appear, the Crown did not oppose bail or contend that non-appearance or further offending justified refusal, the Applicant's alleged role was more limited than others, and stringent proposed conditions were sufficient to address bail risks.

Court Disposition

Conditional bail granted.

Orders

  • ['The Applicant is to appear at Central Local Court on 26 November 2009 and thereafter as required.' 'The Applicant is to reside at 3 Neerim Road, Castle Cove in the State of New South Wales.' 'The Applicant is to report daily to the officer-in-charge of the Police Station at Chatswood between 8.00 am and 8.00 pm.'...