Snounou v Director of Public Prosecutions (Cth) [2019] NSWCCA 167

Snounou v Director of Public Prosecutions (Cth) [2019] NSWCCA 167

The applicant showed cause because, on the material before the Court, the Crown case on the show cause importation count was not strong and a remand period of about two and a half years before trial was unacceptable in those circumstances. However, bail was refused because there was a strong Crown case on most precursor counts, a likely substantial custodial sentence if convicted, the applicant had family in Lebanon where Australia had no extradition treaty, and the proposed security and electronic monitoring did not adequately mitigate the unacceptable risk that he would fail to appear. There was also a serious concern that he might commit further serious offences, although the alleged...

Jurisdiction
Australia
Judgment Date
26 July 2019
Procedural Posture
Criminal Bail Release Application / Further Bail Application in the Court of Criminal Appeal Under S 67(1)(e) and S 75 of the Bail Act 2013 (nsw), After Bail Had Been Refused in the Local Court and Twice in the Supreme Court
Outcome
Bail refused; release application dismissed.
Legal Topics
['show Cause Offence' 'unacceptable Risk' 'drug Related Offences' 'importation of Border Controlled Drugs' 'possession of Precursors' 'delay Until Trial' 'preparation for Trial in Custody' 'electronic Monitoring' 'surety']
['criminal Law' 'bail'] ['show Cause Offence' 'unacceptable Risk' 'drug Related Offences' 'importation of Border Controlled Drugs' 'possession of Precursors' 'delay Until Trial' 'preparation for Trial in Custody' 'electronic Monitoring' 'surety']

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Procedural Posture

Criminal Bail Release Application / Further Bail Application in the Court of Criminal Appeal Under S 67(1)(e) and S 75 of the Bail Act 2013 (nsw), After Bail Had Been Refused in the Local Court and Twice in the Supreme Court

Legal Issues

  1. 1 ['Whether the applicant showed cause why his continued detention was not justified in relation to the show cause offence under s 307.1(1) of the Criminal Code 1995 (Cth).' 'Whether the strength of the Crown case, delay until trial, and ability to prepare for trial justified release on bail.' 'Whether bail concerns arose that the applicant would fail to appear, interfere with witnesses, or commit further serious offences.' 'Whether proposed security and electronic monitoring sufficiently mitigated any unacceptable bail risk.']

Ratio Decidendi

The applicant showed cause because, on the material before the Court, the Crown case on the show cause importation count was not strong and a remand period of about two and a half years before trial was unacceptable in those circumstances. However, bail was refused because there was a strong Crown case on most precursor counts, a likely substantial custodial sentence if convicted, the applicant had family in Lebanon where Australia had no extradition treaty, and the proposed security and electronic monitoring did not adequately mitigate the unacceptable risk that he would fail to appear. There was also a serious concern that he might commit further serious offences, although the alleged...

Court Disposition

Bail refused; release application dismissed.

Orders

  • ['The Court dismissed the bail release application on 12 July 2019.']