Mohr v Director of Public Prosecutions (Cth) [2017] NSWSC 1858

Supreme Court New South Wales

Medium Neutral Citation: Mohr v Director of Public Prosecutions (Cth) [2017] NSWSC 1858 Hearing dates: 22 December 2017 Date of orders: 22 December 2017 Decision date: 22 December 2017 Jurisdiction: Common Law Before: Hamill J Decision: Application for bail granted. Catchwords: CRIMINAL LAW – Bail – release application – half a tonne of cocaine – importation – show cause – where accused discharged at committal – surprising decision – strong prosecution case – medical condition – whether treatment available – where accused voluntarily attended Court – powerful combination of circumstances satisfy show cause requirement – risk of flight mitigated by large security Legislation Cited: Bail Act 2013 (NSW), ss 16A, 16B, 26, 29, 50 Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Director of Public Prosecutions v Hourigan [2017] NSWCCA 170 Director of Public Prosecutions v Tony Mawad [2015] NSWCCA 227 DPP v Zaiter [2016] NSWCCA 247 JM v R [2015] NSWSC 978 Lin v Director of Public Prosecutions (Cth) [2017] NSWSC 312 Moukhallaletti v Director of Public Prosecutions (NSW) [2016] NSWCCA 314 R v Xi [2015] NSWSC 1575 Category: Principal judgment Parties: Commonwealth Director of Public Prosecutions (Applicant) Darren Mohr (Respondent) Representation: Counsel: Mr G Brady SC (Applicant) Mr Turnbull SC (Respondent)

Solicitors: Conaghan's Lawyers (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2017/377006