Director of Public Prosecutions (Cth) v Dirani [2022] NSWCCA 89

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (Cth) v Dirani [2022] NSWCCA 89 Hearing dates: 27 April 2022 Date of orders: 27 April 2022 Decision date: 02 May 2022 Before: Macfarlan JA; Adamson J; Wright J Decision: Reasons for making the following orders on 27 April 2022: 1. Pursuant to s 50 of the Bail Act 2013 the Court: (a) revokes the grant of bail made by Hamill J to Mr Dirani; and (b) refuses bail. 2. The Court reserves its reasons for making the above orders. 3. Pursuant to s 8 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), upon the ground referred to in s 8(1)(a) of that Act, that the order is necessary to prevent prejudice to the proper administration of justice, there is to be no publication of the evidence, submissions or judgment in the Director's detention application. 4. The previous order is to have effect throughout the Commonwealth and until the conclusion of Mr Dirani's trial. Catchwords: CRIME — Bail — Detention application — where "exceptional circumstances" established — whether bail conditions could ameliorate risk of commission of serious offence which endangers safety of community — where conditions could not ameliorate risk — where application granted and bail revoked CRIME — Bail — Terrorist offences — "Exceptional circumstances" — where respondent has been incarcerated for seven years — where COVID-19 pandemic has made conditions more onerous than normal — where "exceptional circumstances" established Legislation Cited: Bail Act 2013 (NSW), ss 17, 18, 19, 50, 67 Crimes Act 1914 (Cth), s 15AA Criminal Code (Cth), ss 11.5, 101.6 Cases Cited: Dirani v R [2021] NSWCCA 202 Director of Public Prosecutions (NSW) v Mawad [2015] NSWCCA 227 R v Dirani (No 34) [2019] NSWSC 1005 R v NK [2016] NSWSC 498 Category: Principal judgment Parties: Director of Public Prosecutions (Cth) (Applicant) Mustafa Dirani (Respondent) Representation: Counsel: S Duggan / M Kalyk (Applicant) N Steel (Respondent)