R v Touma [2025] NSWSC 14

Supreme Court New South Wales

Medium Neutral Citation: R v Touma [2025] NSWSC 14 Hearing dates: 04 February 2025 Date of orders: 06 February 2025 Decision date: 06 February 2025 Jurisdiction: Common Law Before: Harrison CJ at CL Decision: Grant bail subject to conditions Catchwords: CRIME – bail – second release application – rehabilitation centre – s 74 Bail Act 2013 satisfied CRIME – bail – show cause – violent offences – firearm offences – cause shown – where Crown raises all bail concerns in s 17(2) Bail Act 2013 (NSW) – where conditions can adequately ameliorate concern of committing a serious offence whilst on bail – bail to residential rehabilitation centre Legislation Cited: Bail Act 2013 (NSW), ss 16B(1)(d)(i), 17(2), 74(3) Crimes Act 1900 (NSW), ss 29, 33A(1)(a), 93G(1)(b), 114(1)(c), 154A(1)(b) Firearms Act 1996 (NSW), s 7(1) Road Transport Act 2013 (NSW), s 54(1)(a) Category: Principal judgment Parties: Noah Mohamed Touma (Applicant) Crown (Respondent) Representation: Counsel: E Ozen SC (Applicant)

Solicitors: Krayem & Co Lawyers (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2024/459374 Publication restriction: Nil

JUDGMENT 1. HIS HONOUR: Noah Mohamed Touma applies for a grant of conditional bail. He was arrested on 8 May 2024 and has been in custody since then. He is charged with a series of offences alleged to have been committed on 20 February 2024. Those offences are as follows: 1. Shoot at person with intent to murder, s 29 Crimes Act 1900. 2. Discharge firearm with intent to cause grievous bodily harm, s 33A(1)(a) Crimes Act. 3. Fire firearm in or near public place, s 93G(1)(b) Crimes Act. 4. Possess unauthorised pistol, s 7(1) Firearms Act 1996. 5. Face blackened/disguised with intent to commit indictable offence, s 114(1)(c) Crimes Act. 6. Knowingly drive stolen conveyance, s154A(1)(b) Crimes Act. 7. Drive whilst disqualified (prior offence), s 54(1)(a) Road Transport Act 2013. 8. Drive whilst disqualified (prior offence), s 54(1)(a) Road Transport Act.