AB v R (Cth) [2016] NSWCCA 191

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AB v R (Cth) [2016] NSWCCA 191 Hearing dates: 15 August 2016 Date of orders: 15 August 2016 Decision date: 24 August 2016 Before: Hoeben CJ at CL at [1] Campbell J at [52] Button J at [53] Decision: Bail refused. Catchwords: BAIL APPLICATION – 17 year old – charged with intentionally doing an act in preparation for or planning a terrorist act – threatening posts on Facebook – psychiatric issues – history of threats and self-harm – significant improvement while in custody – whether exceptional circumstances established – whether applicant would pose an unacceptable risk if released – bail refused. Legislation Cited: Bail Act 2013 (NSW) – ss 17, 18, 19, 49 Crimes Act 1914 (Cth) – ss 3, 15AA(1), 16A(3) Criminal Code Act 1995 (Cth) – s 101.6(1) Young Offenders Act 1997 (NSW) Cases Cited: AB v Director of Public Prosecutions (Cth) [2016] NSWSC 1042 R v Hantis [2004] NSWSC 153 R v NK [2016] NSWSC 498 Category: Principal judgment Parties: AB – Applicant Regina – Respondent Crown (Cth) Representation: Counsel:

Mr M Johnston SC – Applicant Mr I Bourke – Respondent Crown (Cth)

Solicitors: Eidan Havas & Associates Lawyers – Applicant Commonwealth Director of Public Prosecutions – Respondent 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Pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) the name of the applicant for bail is not to be published. Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Bail Citation: AB v Director of Public Prosecutions (Cth) [2016] NSWSC 1042 Date of Decision: 29 July 2016 Before: Beech-Jones J File Number(s): 2016/187430