R v Touma [2025] NSWSC 14

R v Touma [2025] NSWSC 14

The applicant satisfied the requirements to make a second release application under s 74(3) of the Bail Act 2013 due to his change in circumstances (offer of residence at a rehabilitation facility). He showed cause why his continued detention was not justified, considering the relatively weak Crown case, lack of identification evidence, lack of motive, absence of forensic links, and prospects for rehabilitation. The risks raised by the Crown under s 17(2) of the Bail Act 2013 can be adequately addressed by the imposition of appropriate bail conditions. Therefore, bail is granted subject to conditions.

Parties
Applicant: Noah Mohamed Touma; Respondent: Crown
Jurisdiction
Australia
Judgment Date
06 February 2025
Procedural Posture
Bail Application / Second Release Application, Determination of Bail Pending Trial
Outcome
Bail granted, subject to conditions
Legal Topics
Bail, Show Cause Requirement, Unacceptable Risk, Remand, Rehabilitation
Criminal Law Bail Show Cause Requirement Unacceptable Risk Remand Rehabilitation

Case Brief

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Parties

Noah Mohamed Touma

Applicant

Crown

Respondent

Procedural Posture

Bail Application / Second Release Application, Determination of Bail Pending Trial

Legal Issues

  1. 1 Whether the requirements of s 74 of the Bail Act 2013 (NSW) for a second release application are met
  2. 2 Whether the applicant has shown cause why continued detention is not justified under s 16B(1)(d)(i) of the Bail Act 2013 (NSW)
  3. 3 Whether there is an unacceptable risk under s 17(2) of the Bail Act 2013 (NSW) that cannot be ameliorated by bail conditions

Ratio Decidendi

The applicant satisfied the requirements to make a second release application under s 74(3) of the Bail Act 2013 due to his change in circumstances (offer of residence at a rehabilitation facility). He showed cause why his continued detention was not justified, considering the relatively weak Crown case, lack of identification evidence, lack of motive, absence of forensic links, and prospects for rehabilitation. The risks raised by the Crown under s 17(2) of the Bail Act 2013 can be adequately addressed by the imposition of appropriate bail conditions. Therefore, bail is granted subject to conditions.

Court Disposition

Bail granted, subject to conditions

Orders

  • Applicant to be of good behaviour
  • Applicant to appear at Parramatta Local Court on 27 February 2025 and as directed