R v Najem [2015] NSWSC 2108

R v Najem [2015] NSWSC 2108

The applicant has shown cause due to ill health and alleged lack of medical treatment, but the risks of further offending are significant and cannot be adequately mitigated by proposed bail conditions; thus, bail is refused.

Parties
Crown: Regina; Applicant: Michael Najem
Jurisdiction
Australia
Judgment Date
18 February 2015
Procedural Posture
Bail Application / Ex Tempore Judgment
Outcome
Bail refused
Legal Topics
Bail Application, Bail Act 2013 (nsw), Driving Whilst Suspended, Break Enter and Steal, Goods in Custody
Criminal Law Bail Application Bail Act 2013 (nsw) Driving Whilst Suspended Break Enter and Steal Goods in Custody

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Parties

Regina

Crown

Michael Najem

Applicant

Procedural Posture

Bail Application / Ex Tempore Judgment

Legal Issues

  1. 1 Whether the applicant has shown cause why his detention is not justified under the Bail Act 2013 (NSW)
  2. 2 Whether risks posed by granting bail can be sufficiently mitigated

Ratio Decidendi

The applicant has shown cause due to ill health and alleged lack of medical treatment, but the risks of further offending are significant and cannot be adequately mitigated by proposed bail conditions; thus, bail is refused.

Court Disposition

Bail refused

Orders

  • Registrar to forward remarks to the superintendent of applicant's facility and director of Justice Health service, requesting immediate access to a doctor and assessment for treatment and pain relief.