Mariam v Director of Public Prosecutions (NSW) [2015] NSWCCA 216

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mariam v Director of Public Prosecutions (NSW) [2015] NSWCCA 216 Hearing dates: 11 August 2015 Decision date: 11 August 2015 Before: Macfarlan JA at [1]; R A Hulme J at [2]; Garling J at [44] Decision: Bail refused Catchwords: BAIL – release application – possession of a prohibited weapon without authorisation – perverting the course of justice – unacceptable risk test – unacceptable risk of interference with prosecution witness – unacceptable risk of potential serious offending – release application refused Legislation Cited: Bail Act 2013 (NSW) ss 16A, 17, 18 Crimes Act 1900 (NSW) s 319 Evidence Act 1995 (NSW) ss 38, 65, 165 Firearms Act 1996 (NSW) s 7(1) Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 R v Moustafa Mariam [2012] NSWSC 1496 Category: Principal judgment Parties: Moustafa Mariam Director of Public Prosecutions (NSW) Representation: Counsel: Mr M Ramage QC (Applicant) Ms M Cinque (Crown)

Solicitors: Birchgrove Legal Solicitor for Public Prosecutions File Number(s): 2015/96791

Judgment 1. MACFARLAN JA: I agree with R A Hulme J. 2. R A HULME J: Moustafa Mariam ("the applicant") has made an application that he be released on bail pending his trial which is listed in the District Court at Parramatta on 28 September 2015. The Crown alleges that he committed the following offences: 1 At Parramatta on 22 January 2014: Possession of a prohibited pistol, namely a .45 calibre Lammar brand pistol with loaded 10 round magazine, without being authorised to do so by a licence or permit: s 7(1) Firearms Act 1996 (NSW) 2 At Sydney between 6 March and 16 April 2014: Did an act, namely facilitated the production of a false statutory declaration, intending to pervert the course of justice: s 319 Crimes Act 1900 (NSW)