Director of Public Prosecutions (NSW) v Brooks [2015] NSWCCA 190

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (NSW) v Brooks [2015] NSWCCA 190 Hearing dates: 8 July 2015 Date of orders: 08 July 2015 Decision date: 17 July 2015 Before: Hoeben CJ at CL Johnson J R A Hulme J Decision: (1) Grant the Director's detention application. (2) Bail refused. Catchwords: BAIL – Detention Application – show cause offence – murder – unexplained and unprovoked stabbing of deceased – identification an issue – reasonably strong Crown case as to identification – failure to show cause why detention is not justified – application granted – bail refused. Legislation Cited: Bail Act 2013 (NSW) – s 50 Cases Cited: Director of Public Prosecutions (NSW) v Campbell [2015] NSWCCA 173 R v Kugor [2015] NSWCCA 14 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) – Applicant Bradley Brooks - Respondent Representation: Counsel: Mr E Balodis – Crown Mr W Brewer - Respondent

Solicitors: Solicitor for Public Prosecutions – Applicant Nyman Gibson Miralis - Respondent File Number(s): 2015/197119

JUDGMENT 1. THE COURT: The Director of Public Prosecutions (NSW) ("the Director") has made a detention application pursuant to s 50 of the Bail Act 2013 (NSW) ("the Act") in respect of Bradley Brooks ("the respondent") who is charged with the murder of Gregory Gibbins and the intentional infliction of grievous bodily harm upon Adam Swindell at Toukley in the early morning of Monday 6 April 2015. 2. This Court has jurisdiction to determine the application given that bail was granted to the respondent in the Supreme Court by Beech-Jones J: s 67(1)(e) of the Act. Bail was granted last Thursday. 3. The application is to be determined by this Court afresh; that is, it is not an appeal from, or a review of, the decision of his Honour: R v Kugor [2015] NSWCCA 14 at [4]; Director of Public Prosecutions (NSW) v Campbell [2015] NSWCCA 173 at [4].