Mehajer v Office of the Director of Public Prosecutions [2023] NSWCCA 49

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mehajer v Office of the Director of Public Prosecutions [2023] NSWCCA 49 Hearing dates: 09 March 2023 Date of orders: 09 March 2023 Decision date: 09 March 2023 Before: Beech-Jones CJ at CL at [1] Garling J at [2] Yehia J at [66] Decision: Application dismissed Catchwords: CRIME — Bail — Appeal bail — where applicant required to show cause why his detention is not justified — where applicant is due to stand trial for the offences in respect of which bail is sought in approximately two weeks' time — where applicant has indicated an intention that he will apply to vacate the trial date — where the Crown case is a reasonably strong one — where the applicant relies on the difficulties preparing his defence if he remains in custody for the offences in respect of which bail is sought and for unrelated offences for which he also is due to stand trial — where the applicant relies on a need to access a mobile phone and associated SIM card — where the applicant is being held on protection for his own safety — whether the applicant has shown cause — application dismissed Legislation Cited: Bail Act 2013 Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Criminal Procedure Act 1986 Cases Cited: Flower v R [2020] NSWCC 64 Mehajer v Director of Public Prosecutions [2022] NSWCCA 23 Mehajer v R [2022] NSWCCA 135 Mehajer v R [2022] NSWCCA 240 Obeid v R (No 2) [2016] NSWCCA 321 R v Kugor [2015] NSWCCA 14 Trinh v R [2016] NSWCCA 110 Texts Cited: Not Applicable Category: Principal judgment Parties: Salim Mehajer (App) Office of the Director of Public Prosecutions (Resp) Representation: Counsel: Self-represented (App) S Traynor (Crown)