R v Azar [2021] NSWSC 146

Supreme Court New South Wales

Medium Neutral Citation: R v Azar [2021] NSWSC 146 Hearing dates: 22 February 2021 Date of orders: 3 March 2021 Decision date: 03 March 2021 Jurisdiction: Common Law Before: Davies J Decision: Bail granted on the condition that the applicant complies with the conditions of the Interim Supervision Order imposed by Hoeben CJ at CL on 16 December 2020 and subsequently with the conditions of the Extended Supervision Order which will be imposed. Catchwords: CRIME – bail – release application - application for bail following hearing for an Extended Supervision Order – applicant convicted of manslaughter committed while suffering schizophrenic illness – applicant committed further offences whilst on parole including destroying or damaging property and assault offences – applicant subject to an Interim Supervision Order – ISO breached – Crown opposes bail – breach of ISO is a show cause offence – whether applicant shows cause as to why his continued detention is not justified – where objective seriousness is at the low end – where applicant will remain supervised under the ISO and ESO – applicant shows cause – bail concerns – whether risk that applicant will commit a further serious offence – where risk is reduced as applicant's schizophrenia and personality problems are stabilised – where risks are manageable with supervision through ESO – conditional bail granted Legislation Cited: Bail Act 2013 (NSW) s 16B Crimes (High Risk Offenders) Act 2006 (NSW) ss 10C, 12 Cases Cited: R v Kaddour; R v Azar [2017] NSWSC 586 State of New South Wales v Azar (Preliminary) [2020] NSWSC 1807 Texts Cited: Nil Category: Principal judgment Parties: Crown Daniel Azar (Applicant) Representation: Counsel: C Melis (Crown) D Bhutani (Applicant)