Commonwealth Director of Public Prosecutions v Saadieh [2021] NSWCCA 232

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Commonwealth Director of Public Prosecutions v Saadieh [2021] NSWCCA 232 Hearing dates: 24 September 2021 Decision date: 27 September 2021 Before: Bathurst CJ at [1]; Beech-Jones CJ at CL at [2]; Adamson J at [10] Decision: (1) Refuse the detention application. (2) Confirm that the respondent is to be released to bail on the conditions specified by Hamill J on 17 September 2021. Catchwords: CRIMINAL LAW – detention application following grant of bail by single judge – terrorist offence – legislative requirement for exceptional circumstances – fulfilled by prospect that length of remand may exceed sentence if respondent convicted of offence charged CRIMINAL LAW – detention application – relevance of strength of Crown case – difficulties of assessment before whole brief served CRIMINAL LAW – detention application – assessment of risk of committing serious offence if released – relevance of duration and extent of police surveillance of respondent prior to his arrest and charge – application refused Legislation Cited: Bail Act 2013 (NSW), ss 4, 17, 18, 50, 67, 75 Crimes (High Risk Offenders) Act 2006 (NSW), s 11 Crimes Act 1914 (Cth), s 15AA Criminal Code Act 1995 (Cth), ss 101.4, 101.5, 101.6, 102.1, 102.3, 102.8, 104.5, 119.4 Judiciary Act 1903 (Cth), s 68 Terrorism (High Risk Offenders) Act 2017 (NSW), s 29 Cases Cited: AB v Director of Public Prosecutions (Cth) [2016] NSWSC 1042 Director of Public Prosecutions (Cth) v Saadieh [2021] NSWSC 1186 Director of Public Prosecutions (NSW) v Mawad [2015] NSWCCA 227 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Lin v Director of Public Prosecutions (Cth) [2017] NSWSC 312 R v Abdirahman-Khalif (Supreme Court (SA), Peek J, 16 April 2019, unrep) R v NK [2016] NSWSC 498 The Queen v Abdiraham-Khalif [2020] HCA 36; (2020) 283 A Crim R 272 Trinh v R [2016] NSWCCA 110 Category: Principal judgment Parties: Commonwealth Director of Public Prosecutions (Applicant) Joseph Saadieh (Respondent) Representation: Counsel: J Single SC / N Evans (Applicant) O Samin (Respondent)