R v Turkmani & Kaddour [2000] NSWSC 491

New South Wales Supreme Court

CITATION : R v Turkmani & Kaddour [2000] NSWSC 491 CURRENT JURISDICTION: Criminal FILE NUMBER(S) : SC 71808/00; 71809/00 HEARING DATE(S) : 31 May 2000 JUDGMENT DATE : 6 June 2000

Regina PARTIES : Bassam Turkmani Kalid Kaddour JUDGMENT OF : Studdert J

T. Thorpe (Crown) COUNSEL : C. Pike (Turkmani) I. Lloyd QC (Turkmani) SOLICITORS : Office of the Director of Public Prosecutions (Crown) Galloways (Turkmani & Kaddour) CATCHWORDS : Bail - application for review by persons charged - such persons granted bail in Supreme Court - bail revoked on subsequent application by Director of Public Prosecutions for review - whether second application for review attracted consideration of s 22A of Bail Act. LEGISLATION CITED : Bail Act CASES CITED : R v Hamill (1986) 25 A Crim R 317 R v Kissner (unreported, Hunt CJ at CL, 17 January 1992) DECISION : See paras 17-18

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

STUDDERT J

Tuesday 6 June 2000 71808/00 REGINA v BASSAM TURKMANI 71809/00 REGINA v KALID KADDOUR

JUDGMENT

1 HIS HONOUR: Each of these applicants is charged with the offence of solicit to murder Albert Brikha. Each applicant applied for bail in this Court in respect of the charge and Hidden J granted conditional bail to each accused on 11 February 2000. The Director of Public Prosecutions then made an application to review the decision of Hidden J pursuant to s 45 of the Bail Act and this application was heard by O'Keefe J who, on 20 April 2000, revoked the bail that had been granted previously. 2 Each applicant has now lodged an application for review of the determination of O'Keefe J and the question has been argued as to whether, in the circumstances, the operation of s 22A of the Bail Act is enlivened. 3 Section 22A appears in Part 4 Division 1 of the Bail Act which concerns "Court Bail - Bail applications". Section 45 is to be found in Part 6 Division 2 of the statute which addresses "Review of Bail Decisions - Powers…to review". 4 The power of the Supreme Court to review any decision in relation to bail is conferred by s 45: "(1) Subject to this Division, the Supreme Court may review any decision of any authorised officer, magistrate or justice or of the District Court, Land and Environment Court, Industrial Relations Commission in Court Session or Supreme Court (however constituted) in relation to bail.