Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 75

Supreme Court New South Wales

Medium Neutral Citation: Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 75 Hearing dates: 2 February 2023 Decision date: 10 February 2023 Jurisdiction: Common Law Before: Wilson J Decision: (1) Bail is refused Catchwords: CRIME – BAIL – application for release order – charges of murder and specially aggravated kidnapping – application of s 16A Bail Act – burden on applicant to show cause – reliance placed upon a combination of features – question of the viability of the Crown case – delay – applicant's health – capacity of Justice Health to provide adequate medical care Legislation Cited: Bail Act 2013 (NSW) Courts Non-Publication and Suppression Act 2010 (NSW) Crime Commission Act 2012 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Commissioner of Police (NSW) v Zahed [2021] NSWSC 1606 Director of Public Prosecutions (NSW) v Mawad [2015] NSWCCA 227 Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Gould v R (Cth) [2021] NSWCCA 27 McAndrew v R [2016] NSWCCA 58 Moukhallaletti v Director of Public Prosecutions (NSW) [2016] NSWCCA 314 R v Achurch [2011] NSWCCA 186; (2011) 216 A Crim R 152 R v Marcus [2016] NSWCCA 237 Zahed v Director of Public Prosecutions (NSW) [2020] NSWCCA 6 Category: Principal judgment Parties: Tarek Zahed (Applicant) Rex (Respondent) Representation: Counsel: M Johnston SC (Applicant) D Scully (Respondent)