R v Mehajer [2018] NSWSC 1687

R v Mehajer [2018] NSWSC 1687

Bail was refused because the applicant did not demonstrate that his conviction appeal had a reasonably arguable prospect of success, had not identified substantive fresh evidence or explained why it was not adduced at trial, and had advanced no sufficient basis for release arising from bankruptcy or mental health issues. Although the risk of non-appearance could be mitigated by conditions, the applicant's recent offending history, breaches of bail and extensive custodial misconduct showed an unacceptable risk of further serious offending that could not be adequately addressed by conditions.

Jurisdiction
Australia
Judgment Date
08 November 2018
Procedural Posture
Release Application for Bail Pending Appeal Against Conviction and Sentence / Further Release Application in the Supreme Court of New South Wales After Previous Bail Refusals
Outcome
Bail refused
Legal Topics
['release Application' 'appeal From Local Court to District Court' 'fresh Evidence on Appeal' 'unacceptable Risk' 'bail Concerns' 'bankruptcy' 'mental Health in Custody']
['criminal Law' 'bail' 'criminal Appeals'] ['release Application' 'appeal From Local Court to District Court' 'fresh Evidence on Appeal' 'unacceptable Risk' 'bail Concerns' 'bankruptcy' 'mental Health in Custody']

Case Brief

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Procedural Posture

Release Application for Bail Pending Appeal Against Conviction and Sentence / Further Release Application in the Supreme Court of New South Wales After Previous Bail Refusals

Legal Issues

  1. 1 ['Whether the applicant was precluded by s 74 of the Bail Act 2013 (NSW) from making a further release application to the same court.' 'Whether the pending appeal against conviction and sentence had a reasonably arguable prospect of success, including in circumstances where the applicant intended to seek leave to adduce fresh evidence.' "Whether the applicant's bankruptcy and financial affairs provided a sufficient reason for release on bail." "Whether the applicant's diagnosed bipolar disorder and asserted need for medical treatment provided a sufficient reason for release on bail." 'Whether bail concerns, particularly the risk of further serious offending and non-appearance, could be sufficiently mitigated by conditions.']

Ratio Decidendi

Bail was refused because the applicant did not demonstrate that his conviction appeal had a reasonably arguable prospect of success, had not identified substantive fresh evidence or explained why it was not adduced at trial, and had advanced no sufficient basis for release arising from bankruptcy or mental health issues. Although the risk of non-appearance could be mitigated by conditions, the applicant's recent offending history, breaches of bail and extensive custodial misconduct showed an unacceptable risk of further serious offending that could not be adequately addressed by conditions.

Court Disposition

Bail refused

Orders

  • ['Bail refused']