Alqudsi v R [2015] NSWSC 958

Supreme Court New South Wales

Medium Neutral Citation: Alqudsi v R [2015] NSWSC 958 Hearing dates: 2 July 2015 Decision date: 02 July 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. The Applicant's bail conditions will be varied for the period 7 July 2015 to 17 July 2015 inclusive so that the place of residence in Condition 3 will be Minto Mosque, 44-48 Westmorland Rd, Minto NSW (instead of 19 Crestwell St, Revesby and 4 Merrin Close, Helens Park).

2. The time of 6:00am in condition 4 will be varied to 5:00am.

3. Further, for the remainder of his compliance with bail conditions, Condition 2 will be varied to reporting to Campbelltown Police Station (instead of Revesby Police Station). Catchwords: BAIL – application to vary conditions – variation to allow applicant to attend mosque during Ramadan – application granted Legislation Cited: Crimes Act 1914 (Cth), s 15AA Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth), s 6 Category: Procedural and other rulings Parties: Hamdi Alqudsi (Applicant) Regina (Respondent) Representation: Counsel:

Solicitors: Zali Burrows Lawyers (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 2015/184569

Judgment 1. HIS HONOUR: The applicant seeks to vary his bail for a short period to facilitate his participation in worship activities during the Ramadan period. He faces a trial of six counts of supporting or promoting the commission of an offence against s 6 of the Crimes (Foreign Incursions and Recruitment) Act 1978. The charges which he faces are not charges subject to s 15AA of the Crimes Act 1914. 2. He has been on bail for a significant period of time, and this has imposed a number of strict reporting and residence conditions upon him. He has applied to vary that bail so as to allow him to reside at a mosque overnight for a limited period to coincide with Ramadan. To the extent he seeks to vary his curfew period and the place at which he reports, his application is not opposed. However, the Crown have raised a difficulty with monitoring compliance with his bail conditions if he resides overnight at the mosque. 3. One can understand that concern. The point raised in response was that there was an inherent likelihood that the applicant is under surveillance in any event so that this compliance with bail conditions is being supervised at all times. 4. In circumstances where he has been on bail for such a long period, has apparently complied with all of his conditions and the relevant variation is for such a short period for what is clearly an important purpose, in my view it is appropriate to grant it. 5. Accordingly the applicant's bail conditions will be varied for the period 7 July to 17 July inclusive so that the place of residence referred to in condition 3, instead of 19 Creswell Street, Revesby and 4 Merrin Close, St Helens Park, will instead be Minto Mosque, 44-48 Westmoreland Road, Minto, New South Wales; and the time 6.00am referred to in condition 4 will be varied to 5.00am. 6. Further, for the remainder of his compliance with bail conditions, condition 2 will be varied so that instead of Revesby Police Station it will read Campbelltown Police Station.