R v Ibrahim [2009] NSWSC 1181

New South Wales Supreme Court

CITATION : R v Ibrahim [2009] NSWSC 1181

HEARING DATE(S) : 22 October 2009, 23 October 2009, 27 October 2009, 30 October 2009

JUDGMENT DATE : 3 November 2009

JUDGMENT OF : Johnson J at 1

DECISION : Conditional bail granted.

CATCHWORDS : CRIMINAL LAW - bail - conspiracy to murder - significant medical treatment requirements of applicant - Crown not oppose bail - stringent bail conditions proposed - bail granted

LEGISLATION CITED : Bail Act 1978

CATEGORY : Principal judgment

PARTIES : Fadi Ibrahim (Applicant) Regina (Respondent)

FILE NUMBER(S) : SC 2009/213165

SOLICITORS : Mr B Galloway - Galloways Solicitors & Attorneys (Applicant) Ms N Paul - Director of Public Prosecutions (NSW)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Johnson J

3 November 2009

2009/213165 R v Fadi Ibrahim

JUDGMENT (Application for Bail)

Video Link from Long Bay Hospital 1 JOHNSON J: This is an application for bail by Fadi Ibrahim, who is to appear at Central Local Court on 26 November 2009 with respect to a charge of conspiracy to murder. 2 As s.9 Bail Act 1978 does not apply to a charge of conspiracy to murder, there is no presumption in favour of bail: s.9(1)(c). In addition, there is no presumption in favour of bail as the Applicant is charged with an indictable offence and has previously been convicted of an indictable offence: s.9B(3) Bail Act 1978. Accordingly, there is no presumption for or against the grant of bail in this case. 3 The hearing of this application extended over parts of several hearing days - 22, 23, 27 and 30 October 2009. Oral and documentary evidence was adduced, with particular reference to the Applicant's state of health and the medical treatment which had been provided to him in custody, and which would be available in the event that he remained in custody.