R v Ebrahimi [2015] NSWSC 335

Supreme Court New South Wales

Medium Neutral Citation: R v Ebrahimi [2015] NSWSC 335 Hearing dates: 26 March 2015 Date of orders: 26 March 2015 Decision date: 26 March 2015 Jurisdiction: Common Law Before: Beech-Jones J. Decision: Bail refused Catchwords: BAIL – show cause offence, whether detention is justified – alleged importation of precursors – serious offence – assessment of strength of Crown case – false identification found on accused – strong subjective case for bail – proposal for electronic monitoring – health condition of applicant – separation from children – bail concerns – unacceptable risk of absconding – detention not shown to be unjustified – bail refused. Legislation Cited: - Bail Act 2013, s 16, s 16A, s 17, s18 and s 19 - Criminal Code 1995, s 307(11) - Customs Act 1901 (Cth), s 233BBA(4) - Drugs Misuse and Trafficking Act 1985, s 25(2) Cases Cited: - Asmar v the Crown [2005] VSC 487 - Director of Public Prosecutions v Harika [2001] VSC 237 - M v R [2015] NSWSC 138 - Woods v Director of Public Prosecutions [2014] VSC 1 Category: Principal judgment Parties: Crown (Prosecution) Ebrahimi (Respondent) Representation: Counsel: A.T. Bellanto QC (Applicant) D. Staehli SC (Respondent)

Solicitors: Director of Public Prosecutions (Applicant) Gergis Solicitors (Respondent) File Number(s): 14/321285 Publication restriction: Nil