Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 807

Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 807

Assuming for the sake of argument that s 74 was satisfied and accepting the Crown's concession that cause had been shown, the applicant's resources, potential lengthy sentence if convicted of murder, troubling criminal record including grave organised violence, high-ranking role in an outlaw motorcycle gang, and the recent material indicating mortal fear established unacceptable risks of absconding, interfering with a witness, and committing a serious offence of violence; those risks justified refusing bail even on very strict conditions.

Jurisdiction
Australia
Judgment Date
10 July 2023
Procedural Posture
Criminal Bail Release Application / Fifth Bail Application in Less Than a Year; Previous Refusals Engaged S 74 of the Bail Act 2013 (nsw)
Outcome
Bail is refused
Legal Topics
['release Application' 'show Cause' 'unacceptable Risk' 'section 74 Bail Act 2013 (nsw)' 'alleged Murder and Kidnapping' 'risk of Absconding' 'witness Interference' 'serious Offence of Violence']
['criminal Law' 'bail'] ['release Application' 'show Cause' 'unacceptable Risk' 'section 74 Bail Act 2013 (nsw)' 'alleged Murder and Kidnapping' 'risk of Absconding' 'witness Interference' 'serious Offence of Violence']

Case Brief

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Procedural Posture

Criminal Bail Release Application / Fifth Bail Application in Less Than a Year; Previous Refusals Engaged S 74 of the Bail Act 2013 (nsw)

Legal Issues

  1. 1 ['Whether s 74 of the Bail Act 2013 (NSW) was satisfied so that the release application could be considered after previous refusals of bail.' 'Whether the applicant had shown cause why his detention was not justified.' 'Whether there was an unacceptable risk that the applicant would fail to appear, interfere with a witness, or commit a serious offence of violence if released on bail.']

Ratio Decidendi

Assuming for the sake of argument that s 74 was satisfied and accepting the Crown's concession that cause had been shown, the applicant's resources, potential lengthy sentence if convicted of murder, troubling criminal record including grave organised violence, high-ranking role in an outlaw motorcycle gang, and the recent material indicating mortal fear established unacceptable risks of absconding, interfering with a witness, and committing a serious offence of violence; those risks justified refusing bail even on very strict conditions.

Court Disposition

Bail is refused

Orders

  • ['Bail is refused']