Zahed v Director of Public Prosecutions [2023] NSWCCA 310

Zahed v Director of Public Prosecutions [2023] NSWCCA 310

Although the Crown conceded grounds for a further release application and that cause had been shown, the Court was satisfied on the basis of the identified bail concerns and the s 18(1) matters that there was an unacceptable risk that the applicant, if released, would fail to appear, commit a serious offence, and/or interfere with witnesses and evidence. The proposed bail conditions, including residence and reporting in Victoria, could not reasonably mitigate those risks.

Jurisdiction
Australia
Judgment Date
08 December 2023
Procedural Posture
Criminal Bail Release Application / Sixth Release Application, Heard De Novo in the Court of Criminal Appeal After Previous Refusals of Bail
Outcome
Application dismissed; bail refused; suppression and pseudonym orders made.
Legal Topics
['bail' 'release Application' 'show Cause Requirement' 'unacceptable Risk' 'suppression and Non Publication Orders' 'murder' 'specially Aggravated Kidnapping']
['criminal Law'] ['bail' 'release Application' 'show Cause Requirement' 'unacceptable Risk' 'suppression and Non Publication Orders' 'murder' 'specially Aggravated Kidnapping']

Case Brief

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Procedural Posture

Criminal Bail Release Application / Sixth Release Application, Heard De Novo in the Court of Criminal Appeal After Previous Refusals of Bail

Legal Issues

  1. 1 ['Whether there were grounds for a further release application under s 74(3) of the Bail Act 2013 (NSW).' 'Whether the applicant had shown cause under s 16A of the Bail Act 2013 (NSW) why his detention was not justified.' 'Whether any unacceptable risks that the applicant would fail to appear, commit a serious offence, or interfere with witnesses or evidence could be mitigated by bail conditions.' 'Whether suppression and pseudonym orders should be made under the Court Suppression and Non-publication Orders Act 2010 (NSW).']

Ratio Decidendi

Although the Crown conceded grounds for a further release application and that cause had been shown, the Court was satisfied on the basis of the identified bail concerns and the s 18(1) matters that there was an unacceptable risk that the applicant, if released, would fail to appear, commit a serious offence, and/or interfere with witnesses and evidence. The proposed bail conditions, including residence and reporting in Victoria, could not reasonably mitigate those risks.

Court Disposition

Application dismissed; bail refused; suppression and pseudonym orders made.

Orders

  • ['Bail is refused.' "Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) and upon grounds set out at s 8(1)(a) and (e), information or material identifying or tending to identify the deceased's wife, Male A, or Male B, including relevant contents of any Crown Case Statement, is...