Singh v R [2015] NSWCCA 257

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Singh v R [2015] NSWCCA 257 Hearing dates: 14 October 2015 Date of orders: 14 October 2015 Decision date: 08 June 2016 Before: Macfarlan JA Decision: Orders as follows made on 14 October 2015:

That the applicant be released on the following conditions, namely that:

(i) he appear at the Liverpool Local Court on 21 October 2015 and thereafter as may be required; (ii) he reside at 7 Phillip Street, Liverpool; (iii) he not be absent from 7 Phillip Street, Liverpool between the hours of 8 pm and 6 am; (iv) one acceptable person, namely Ravenna Singh, deposit the sum of $2,000.00 and agree to forfeit that amount in the event that the applicant fails to appear in accordance with his bail undertaking; (v) he present himself at the front door of 7 Phillip Street Liverpool upon being directed to do so by any police officer to confirm compliance with his curfew, such direction to only be given by a police officer who believes on reasonable grounds that it is necessary to do so, having regard to the rights of other occupants of the premises to peace and privacy; (vi) he not approach directly or indirectly, except through his legal advisers, Rayane Gobindram or any other person whom he is notified will be called in the proceedings against him; (vii) he surrender his passport to the officer in charge of the investigation prior to entering bail; and (vii) he not apply for any new passport or travel document. Catchwords: CRIMINAL LAW – bail – first application for release refused – bail granted on second application – material change in circumstances due to charges being downgraded – bail concerns addressed by imposition of conditions Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Tony Mawad [2015] NSWCCA 227 Direction of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 R v Kugor [2015] NSWCCA 14 Category: Principal judgment Parties: Brendon Singh - Applicant Representation: Counsel: R Rodger – Applicant Mr P Ingram SC – Respondent