Hamze v R [2015] NSWCCA 104

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hamze v R [2015] NSWCCA 104 Hearing dates: 18 May 2015 Decision date: 18 May 2015 Before: Bathurst CJ; Simpson J; R A Hulme J Decision: Bail release application refused Catchwords: BAIL – release application – show cause offence – s 16B Bail Act 2013 – where applicant has criminal record – applicant on bail when presently alleged offences committed – relevance of time spent in custody to date – relevance of delay in matter coming to trial – strength of the prosecution case – history of failing to appear and offending on bail - failure to show cause why detention not justified – application refused Legislation Cited: Bail Act 2013 (NSW) ss 16A, 18, 19, 32, 49, 67 Crimes Act 1900 (NSW) ss 33(1)(b), 86(3), 154F, 195(1A), Pt 3 Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Category: Principal judgment Parties: Saddam Hamze (Applicant) Regina (Respondent) Representation: Counsel: Mr Z Khatiz (Applicant) Mr K McKay (Crown)

Solicitors: Oxford Lawyers Solicitor for Public Prosecutions File Number(s): 2014/370560 Decision under appeal Court or tribunal: Supreme Court Date of Decision: 26 February 2015 Before: Button J File Number(s): 2014/370560

Judgment 1. THE COURT: Saddam Hamze ("the applicant") makes a bail release application pursuant to s 49 of the Bail Act 2013 (NSW). 2. Button J refused a release application on 26 February 2015. Section 67 provides power for this Court to determine a further application. 3. The applicant is to stand trial in the District Court at Parramatta on 19 October 2015 where he is to be indicted on charges of: 1. Causing grievous bodily harm to John Hanna with intent to cause grievous bodily harm (s 33(1)(b) of the Crimes Act 1900 (NSW) - maximum penalty imprisonment for 25 years; standard non-parole period 7 years) 2. Specially aggravated kidnapping of John Hanna (s 86(3) - maximum penalty imprisonment for 25 years) 3. Stealing a motor vehicle (s 154F - maximum penalty imprisonment for 10 years) 4. Intentionally destroying a motor vehicle by means of fire whilst in company (s 195(1A)(b) - maximum penalty imprisonment for 11 years) 1. Mahmoud Atwa is to be jointly indicted with him on those charges. Adam Falzon is to be indicted on a charge of being a principal in the second degree to the first charge.