Zahed v Director of Public Prosecutions [2023] NSWCCA 310

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zahed v Director of Public Prosecutions [2023] NSWCCA 310 Hearing dates: 17 November 2023 Date of orders: 17 November 2023 Decision date: 08 December 2023 Before: Mitchelmore JA, Cavanagh and Weinstein JJ Decision: (1) Bail is refused. (2) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) (the Act) and upon grounds set out at s 8(1)(a) and (e) of the Act, the Court orders that the following information/material (including information contained within any version of the Crown Case Statement served in these proceedings) be suppressed from disclosure beyond these proceedings: (a) Any information that identifies or tends to identify the deceased's wife as referred to in the Crown Case Statement, including the contents of any paragraph that relates to the deceased's wife within the Crown Case Statement; (b) Any information that identifies or tends to identify "Male A" referred to in the Crown Case Statement, including the contents of any paragraph that relates to Male A within the Crown Case Statement; and (c) Any information that identifies or tends to identify "Male B" referred to in the Crown Case Statement, including the contents of any paragraph that relates to Male B within the Crown Case Statement. (3) Pursuant to ss 10 and 11 of the Act, Order 2 is to apply throughout the Commonwealth of Australia for 60 years, or: (a) In respect of Order 2(a), the lifetime of the deceased's wife, whichever date is the latter, (b) In respect of Order 2(b), the lifetime of Male A, whichever date is the latter; and (c) In respect of Order 2(c), the lifetime of Male B, whichever date is the latter. (4) The person known as the deceased's wife be referred to as "Female A" during these proceedings, or any other pseudonym as ordered by the Court at the request of the parties. Catchwords: CRIMINAL LAW – bail – release application – whether the identified unacceptable risks can be mitigated – not satisfied that any conditions can reasonably be imposed to mitigate the unacceptable risks – bail refused Legislation Cited: Bail Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Cases Cited: Commissioner of Police, NSW Police Force v Zahed [2021] NSWC 1606 D108 v R [2023] NSWCCA 28 R v Lago [2014] NSWSC 660 Raad v R [2015] NSWSC 532 Zahed v Director of Public Prosecutions (NSW) [2020] NSWCCA 6 Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 75 Zahed v Director of Public Prosecutions (NSW) [2023] NSWSC 807 Zahed v R [2023] NSWCCA 86 Category: Principal judgment Parties: Tarek Zahed (Applicant) Rex (Crown) Representation: Counsel: D Scully SC (Crown)