Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 75

Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 75

The applicant did not demonstrate, individually or collectively, that the uncertainty of the prosecution case, procedural delay, or health issues—given the ongoing treatment and health services provided in custody—were sufficient to satisfy the show cause requirement under s 16A Bail Act 2013 (NSW), particularly in the context of serious charges alleged to be committed against a background of gang-related organised crime. Accordingly, bail must be refused.

Parties
Applicant: Tarek Zahed; Respondent: Rex
Jurisdiction
Australia
Judgment Date
10 February 2023
Procedural Posture
Bail Application / Hearing and Determination of Application for Release Order Pending Trial
Outcome
Bail refused
Legal Topics
Application of S 16 a Bail Act, Show Cause Requirement in Bail Proceedings, Murder, Specially Aggravated Kidnapping, Organised Crime, Adequacy of Medical Care in Custody, Risk Assessment for Bail
Criminal Law Bail Application of S 16 a Bail Act Show Cause Requirement in Bail Proceedings Murder Specially Aggravated Kidnapping Organised Crime Adequacy of Medical Care in Custody +1 more

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Parties

Tarek Zahed

Applicant

Rex

Respondent

Procedural Posture

Bail Application / Hearing and Determination of Application for Release Order Pending Trial

Legal Issues

  1. 1 Whether the applicant has shown cause under s 16A Bail Act 2013 (NSW) as to why his detention is not justified for charges of murder and specially aggravated kidnapping
  2. 2 Whether the applicant's health and adequacy of medical care in custody justify release on bail
  3. 3 Whether delay and the viability of the prosecution case justify release on bail

Ratio Decidendi

The applicant did not demonstrate, individually or collectively, that the uncertainty of the prosecution case, procedural delay, or health issues—given the ongoing treatment and health services provided in custody—were sufficient to satisfy the show cause requirement under s 16A Bail Act 2013 (NSW), particularly in the context of serious charges alleged to be committed against a background of gang-related organised crime. Accordingly, bail must be refused.

Court Disposition

Bail refused

Orders

  • Bail is refused.