Regina v Kaddour and Regina v Turkmani [2000] NSWSC 888

Reported Decision : (2000) 119 A Crim R 204

New South Wales Supreme Court

CITATION : Regina v Kaddour and Regina v Turkmani [2000] NSWSC 888 FILE NUMBER(S) : SC 71047/00 and 71049/00 HEARING DATE(S) : 13/04/00 JUDGMENT DATE : 14 April 2000

PARTIES : Regina v Kalid Kaddour and Regina v Bassam Turkmani JUDGMENT OF : O'Keefe J at 1

COUNSEL : Mr J Doris - for Applicant Mr T Thorpe - for Crown For Applicant Neil J O'Connor & Associates Sydney SOLICITORS : For Crown S E O'Connor Solicitor for DPP Sydney CATCHWORDS : Bail - Review - Power of Supreme Court - Revocation of Bail granted by Judge of co-ordinate jurisdiction - Meaning of "may" In Bail Act - Discretion - Factors relevant to exercise of discretion Bail Act, 1978 Ss 22, 22A Part 6, Ss 45 and 48 LEGISLATION CITED : Interpretation Act, 1987 S.9 Limitations Act,1989 S.68G Bail Act, 1992 (ACT) Regina v Pakis (1980-1981) 3 ACR 132 Regina v Hamill (1986) 25A Crim R 316 CASES CITED : Dunstan v DPP (FCA 921, 7 July 1999) House v The King (1936) 55 CLR 499 Brisbane South Regional Authority v Taylor (1996) 186 CLR 541 DECISION : Application for review entertained.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

O'KEEFE J

FRIDAY 14 APRIL 2000

71047/00 - REGINA v KALID KADDOUR 71049/00 - REGINA v BASSAM TURKMANI

JUDGMENT - On application for bail review

1 HIS HONOUR: Application has been made by the Director of Public Prosecutions pursuant to ss 45 and 48(1)A(iv) of the Bail Act 1978 (the Act) to review a decision of Hidden J given on 11 February 2000 by which bail was granted to Kalid Kaddour (Kaddour) and Bassam Turkmani (Turkmani) (the accused persons) in respect of charges of solicit to murder. 2 S 45 of the Act provides as follows: "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. 2. The power to review a decision pursuant to this section may be exercised whether any power to do so pursuant to section 44 has been or has been sought to be exercised. 3. Notwithstanding subsection (1) a judge of the Supreme Court sitting alone may not under that subsection review a decision of the Court of Criminal Appeal unless the rules made under the Supreme Court Act 1970 so provide."