AB v Director of Public Prosecutions (Cth) [2016] NSWSC 1042

Supreme Court New South Wales

Medium Neutral Citation: AB v Director of Public Prosecutions (Cth) [2016] NSWSC 1042 Hearing dates: 26 July 2016 Date of orders: 29 July 2016 Decision date: 29 July 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: Bail application refused Catchwords: CRIMINAL LAW – bail – release application – terrorism charges – youth – no association with extremists – mental illness - whether exceptional circumstances exist – weak case – risk assessment – unacceptable risk of committing a serious offence and endangering the safety of the community established – bail refused Legislation Cited: Bail Act 2013 (NSW) Children (Criminal Proceedings) Act 1987 Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Cases Cited: R v Ebrahimi [2015] NSWCS 335 R v Hantis [2004] NSWSC 153 R v Mulahalilovic (Supreme Court (NSW), Rothman J, 1 August 2006, unrep) R v NK [2016] NSWSC 498 R v Xi [2015] NSWSC 1575 Category: Principal judgment Parties: AB (Applicant) Director of Public Prosecutions (Cth)(Crown) Representation: Counsel: Ms J Ghabrial (Applicant)

Solicitors: Mr I Dib Eidan Havas & Associates Lawyers (Applicant)

Ms K Marinos Director of Public Prosecutions (Cth)(Crown) File Number(s): 2016/187430 Publication restriction: Pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) the name of the applicant for bail is not to be published. On 26 July 2016 the Court ordered that pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) the names and identities of AB's family, the address at which any reside and the name of his former school are not to be published.