SZH v R [2021] NSWSC 95

Supreme Court New South Wales

Medium Neutral Citation: SZH v R [2021] NSWSC 95 Hearing dates: 15 February 2021 Date of orders: 17 February 2021 Decision date: 17 February 2021 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Application for Bail refused Catchwords: CRIME – Bail – Show Cause – Previous conviction for similar offending – Bail refused Legislation Cited: Bail Act 2013 Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Suppression and Non-Publication Orders Act 2010 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: The Crown SZH (Applicant) Representation: Counsel: Ms Ghabrial (Applicant) Mr A Brookman (Crown)

Solicitors: Criminal Law Group (Applicant) Director Public Prosecutions (Crown) File Number(s): 2020/361346 Publication restriction: Court Suppression and Non-Publication Orders

Judgment 1. On 3 December 2020, SZH ("the applicant"), was arrested and charged with a series of offences, which are set out in more detail below, and which centre upon the supply of prohibited drugs. She was taken into custody at that time and has remained in custody ever since. 2. Shortly after entering custody, the applicant made an application pursuant to s 8 of the Bail Act 2013 for release on bail. 3. The Crown opposed the application. The application was heard on 15 February 2021.

Non-Publication Order 1. It will be necessary in this judgment to consider the nature and strength of the Crown case against the applicant. This is to be done by reference to summaries of evidentiary material provided by the Crown. Those summaries may not ultimately be admitted in evidence at the applicant's trial. 2. In order to prevent prejudice to the proper administration of justice, and in order to ensure a fair trial of the applicant, the Court must make a suppression order pursuant to s 8 of the Court Suppression and Non-Publication Orders Act 2010. In so doing, I take into account that a primary objective of the administration of justice is to safeguard the public interest in open justice. However, in an interlocutory application such as this one, it is also important to take steps to ensure that a fair trial will take place. 3. Accordingly, the Court has ordered that the name of the applicant and any material tending to identify her be suppressed. Such order is made until the conclusion of the trial of the applicant, or further order of the Court, whichever first occurs. I have assigned the pseudonym SZH to the applicant.