R v Mark William Standen [2010] NSWSC 1157

New South Wales Supreme Court

CITATION : R v Mark William Standen [2010] NSWSC 1157

HEARING DATE(S) : 12 August 2010, 19 August 2010, 26 August 2010

JUDGMENT DATE : 1 September 2010

JUDGMENT OF : James J at 1

DECISION : Bail is refused on all charges

Commonwealth Criminal Code - ss 11.5, 307.11 LEGISLATION CITED : Drug Misuse and Trafficking Act NSW - ss 25(2), 33(3) Commonwealth Crimes Act - s 42 Bail Act - s 22A(1)

CATEGORY : Principal judgment

The Queen v LK; The Queen v RK (2010) 202 A Crim R 522 Ansari v The Queen (2010) 202 A Crim R 505 CASES CITED : R v Kissner (Hunt CJ at CL, 17 January 1992) Director of Public Prosecutions (Cth) v Germakian (2006) 166 A Crim R 201 R v Masters (1992) 26 NSWLR 450

PARTIES : Regina Mark William Standen

FILE NUMBER(S) : SC 2009/8922

COUNSEL : T Game SC, H Dhanji SC (Crown) M Ierace SC (Accused)

SOLICITORS : Commonwealth DPP (Crown) Gordon Elliot, Elliot Lawyers (Accused)

LOWER COURT DATE OF DECISION : 1 September 2010

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

JAMES J WEDNESDAY 1 SEPTEMBER 2010 2009/8922 REGINA v Mark William STANDEN

Judgment 1 HIS HONOUR: Mark William Standen applied for bail on three charges brought against him by the Commonwealth Director of Public Prosecutions. The application for bail was opposed by the Crown. Evidence on the application was adduced on 12 August and 19 August and submissions were made on 26 August. On 26 August I reserved my decision on the application. 2 On 23 October 2009 the applicant and an alleged co-offender Bakhos Jalalaty were indicted on the three charges for which a grant of bail is sought by the applicant, namely: "1. Between 1 June 2006 and 2 June 2008 at Sydney in the State of New South Wales and elsewhere did conspire with each other and divers others to import a substance, intending to use or believing that another person intended to use any of the substance to manufacture a controlled drug the substance being a border controlled precursor, namely pseudoephedrine, and the quantity being a commercial quantity.