Director of Public Prosecutions (Cth) v Heng [2015] NSWCCA 333

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (Cth) v Heng [2015] NSWCCA 333 Hearing dates: 23 December 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Before: Harrison J R A Hulme J Fagan J Decision: 1. Revoke the orders of Hidden J made on 17 December 2015.

2. Bail is refused. Catchwords: CRIMINAL LAW – bail – detention application – whether accused had shown cause – alleged requirement to be at liberty for trial preparation Legislation Cited: Bail Act 2013 (NSW) Criminal Code Act 1995 (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Category: Principal judgment Parties: Director of Public Prosecutions (Cth) (Applicant) Chan Heng (Respondent) Representation: Counsel: Mr R J Bromwich SC (Applicant) Mr J Korn/Mr P Lange (Respondent) File Number(s): 2015/226430 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law – Criminal Citation: Not published Date of Decision: 17 December 2015 Before: Hidden J File Number(s): 2015/226430

Judgment 1. THE COURT: On 18 December 2015 the Director of Public Prosecutions (Cth) made a detention application pursuant to s 50 of the Bail Act 2013 (NSW) concerning Mr Chan Heng. Mr Heng had been granted bail by Hidden J on 17 December 2015. At the conclusion of the hearing of the Director's application to this Court on 23 December 2015 the Court revoked the orders made by Hidden J and refused bail for the following reasons.