R v BNS [2016] NSWSC 350

Supreme Court New South Wales

Medium Neutral Citation: R v BNS [2016] NSWSC 350 Hearing dates: 24 March 2016 Date of orders: 01 April 2016 Decision date: 01 April 2016 Before: Garling J Decision: Application dismissed Catchwords: BAIL – multiple bail applications – Bail Act 2013 (NSW) s 74 – whether there are grounds to hear a further bail application in circumstances where there is a change in the identity of the surety and the sum offered

BAIL – charge of supplying a commercial quantity of a prohibited drug – Drug Misuse and Trafficking Act 1985 (NSW) s 25(2) – show cause offence – whether there is an unacceptable risk of non-appearance Legislation Cited: Bail Act 2013 Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Cases Cited: JM v R [2015] NSWSC 978 Texts Cited: Not Applicable Category: Principal judgment Parties: BNS (Applicant) The Crown Representation: Counsel: B Walmsley QC (Applicant) R Buttini (Crown)

Solicitors: Longton Legal (Applicant) NSW DPP (Crown) File Number(s): 2015/319439 Publication restriction: Order that the names of the applicant, his mother, his fiancé, and witnesses to the events, and any material tending to identify them, be suppressed until the conclusion of the trial of the applicant, or further order of the Court, whichever occurs first.

Judgment 1. On 14 May 2015, the applicant (to whom I will refer as "BNS") was arrested and charged with two offences, namely: 1. an offence contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 ("DMT Act"), namely that on 14 May 2015 at Kensington he supplied 2 kilograms of methylamphetamine, a prohibited drug, in an amount which was not less than the large commercial quantity applicable to that drug; and 2. an offence contrary to s 93T(1) of the Crimes Act 1900, namely that at Kensington on 14 May 2015 he participated in a criminal group and contributed to criminal activity. 1. The maximum penalty for the offence with which BNS is charged under the DMT Act is life imprisonment. A standard non-parole period of 15 years imprisonment is applicable. The maximum penalty for the offence against the Crimes Act is 10 years imprisonment. 2. At the time BNS was charged, bail was refused. He has, accordingly, been in custody since 14 May 2015. 3. A number of other individuals were also charged on that day with similar offences. Bail was refused for each of them at that time. 4. BNS has previously applied to this Court for bail. On 1 October 2015, Fagan J heard the applicant's bail application and refused bail. 5. On 23 October 2015, about 3 weeks after bail was refused by this Court, the applicant filed a further release application. After a Notice of Readiness to Proceed was filed on 10 March 2016, the Court fixed the second bail application for hearing on 24 March 2016. 6. At the conclusion of that hearing, judgment was reserved.