Ghorbanpour v R [2017] NSWCCA 154

Ghorbanpour v R [2017] NSWCCA 154

The applicant did not show cause why his detention was not justified. The decisive factor was the strength of the Crown case and the seriousness of the offences, outweighing the lengthy period already spent on remand. The delay was not attributed to the applicant, but the strength of the evidence and likelihood of conviction carried determinative weight.

Parties
Applicant: Saied Ghorbanpour; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
26 June 2017
Procedural Posture
Release Application (bail) – Criminal Law – Drug Offences / Application for Leave (bail) Pending Trial; Decision on Bail Application
Outcome
Application dismissed
Legal Topics
Drug Offences, Bail – Show Cause Offences, Pre Trial Detention
Criminal Law Drug Offences Bail – Show Cause Offences Pre Trial Detention

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Parties

Saied Ghorbanpour

Applicant

The Crown

Respondent

Procedural Posture

Release Application (bail) – Criminal Law – Drug Offences / Application for Leave (bail) Pending Trial; Decision on Bail Application

Legal Issues

  1. 1 Whether the applicant showed cause why his continued detention is not justified under s 16A of the Bail Act 2013
  2. 2 Whether the delay in commencement of trial and time on remand constitutes cause for release

Ratio Decidendi

The applicant did not show cause why his detention was not justified. The decisive factor was the strength of the Crown case and the seriousness of the offences, outweighing the lengthy period already spent on remand. The delay was not attributed to the applicant, but the strength of the evidence and likelihood of conviction carried determinative weight.

Court Disposition

Application dismissed

Orders

  • Application for bail is dismissed