R v Mahfouz [2023] NSWDC 559

R v Mahfouz [2023] NSWDC 559

Although the Court considered that the Respondent was likely to be sentenced to imprisonment to be served by full-time detention, the circumstances of her elderly father, Mr Hussein Hadid, and the current absence of adequate care arrangements amounted to special or exceptional circumstances justifying continuation of bail until the sentencing hearing; the detention application was therefore refused.

Jurisdiction
Australia
Judgment Date
25 October 2023
Procedural Posture
Criminal Detention Application / After Jury Verdict of Guilty of Supplying a Prohibited Drug and Before Sentencing
Outcome
The application for detention is refused.
Legal Topics
['detention Application' 'post Conviction Bail' 'special or Exceptional Circumstances' 'supply of Prohibited Drug']
['criminal Law' 'bail'] ['detention Application' 'post Conviction Bail' 'special or Exceptional Circumstances' 'supply of Prohibited Drug']

Case Brief

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Procedural Posture

Criminal Detention Application / After Jury Verdict of Guilty of Supplying a Prohibited Drug and Before Sentencing

Legal Issues

  1. 1 ['Whether the Respondent will be sentenced to imprisonment to be served by full-time detention for the purposes of s 22B(1)(b) of the Bail Act 2013 (NSW).' "Whether special or exceptional circumstances exist that justify refusing the Crown's detention application and continuing bail before sentencing."]

Ratio Decidendi

Although the Court considered that the Respondent was likely to be sentenced to imprisonment to be served by full-time detention, the circumstances of her elderly father, Mr Hussein Hadid, and the current absence of adequate care arrangements amounted to special or exceptional circumstances justifying continuation of bail until the sentencing hearing; the detention application was therefore refused.

Court Disposition

The application for detention is refused.

Orders

  • ['The application for detention is refused.']