Alqudsi v R [2015] NSWSC 958

Alqudsi v R [2015] NSWSC 958

The applicant had been on bail for a long period, had apparently complied with all conditions, and sought a short variation for an important religious purpose; despite understandable monitoring concerns, it was appropriate to vary the bail conditions.

Jurisdiction
Australia
Judgment Date
02 July 2015
Procedural Posture
Bail Application to Vary Conditions / Procedural Ruling Before Trial
Outcome
Application granted; bail conditions varied.
Legal Topics
['variation of Bail Conditions' 'residence Condition' 'curfew Condition' 'reporting Condition' 'ramadan Worship Activities']
['criminal Law' 'bail'] ['variation of Bail Conditions' 'residence Condition' 'curfew Condition' 'reporting Condition' 'ramadan Worship Activities']

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Procedural Posture

Bail Application to Vary Conditions / Procedural Ruling Before Trial

Legal Issues

  1. 1 ["Whether the applicant's bail conditions should be varied for a short period to allow him to reside overnight at Minto Mosque during Ramadan." 'Whether concerns about monitoring compliance justified refusing the proposed residence variation.']

Ratio Decidendi

The applicant had been on bail for a long period, had apparently complied with all conditions, and sought a short variation for an important religious purpose; despite understandable monitoring concerns, it was appropriate to vary the bail conditions.

Court Disposition

Application granted; bail conditions varied.

Orders

  • ["The Applicant's bail conditions will be varied for the period 7 July 2015 to 17 July 2015 inclusive so that the place of residence in Condition 3 will be Minto Mosque, 44-48 Westmorland Rd, Minto NSW (instead of 19 Crestwell St, Revesby and 4 Merrin Close, Helens Park)." 'The time of 6:00am in condition 4 will be...