R v Lazar [2016] NSWSC 1462

Supreme Court New South Wales

Medium Neutral Citation: R v Lazar [2016] NSWSC 1462 Hearing dates: 10 October 2016 Date of orders: 14 October 2016 Decision date: 14 October 2016 Jurisdiction: Common Law Before: Harrison J Decision: Grant bail to the applicant subject to the following conditions: (1) He is to be of good behaviour. (2) He is, upon release on bail, to reside and remain at Mosman Private Hospital Mood Disorders Unit at 11 Ellamatta Avenue, Mosman, undergo a comprehensive psychiatric assessment and accept all treatment recommendations made by his treating team. (3) He is not to leave the hospital otherwise than with the express permission on each occasion of Dr Henderson and only for such purpose as Dr Henderson approves for medical or other urgent needs. (4) He is to obey all reasonable directions given to him by Professor Woods and Dr Henderson and the reasonable directions of the staff of the hospital and accept all treatment. (5) He is to report by phone to the North Sydney Police Station daily and his presence is to be confirmed by a staff member of the hospital. He authorises Professor Woods, Dr Henderson and the staff of the hospital to notify the police of any breach or reasonable apprehension of the breach of these conditions, in which case, he may be arrested forthwith. (6) He is to appear at Central Local Court on 2 November 2016 by his legal representative and thereafter as required. (7) He should remain an in-patient of Mosman Private Hospital until his treating team consider he is appropriate for discharge into the community. (8) Prior to release from hospital he must apply to the Supreme Court for variation of bail conditions relating to his place of residence and reporting and is not to be released from the hospital until a new residential address is approved. (9) Following discharge, he must accept all recommended community follow-up arrangements made by his treating team. (10) He is not to associate or communicate or attempt to communicate by any means (except through his lawyer) with any Crown witnesses. (11) He is not to contact, approach, harass or intimidate in any way (including via third parties) any victims of any of his alleged offences. (12) He is to surrender his passport and not to apply for any new passport or travel document. (13) He is not to possess or operate a mobile telephone. (14) One (or more) acceptable person(s) is to deposit $10,000 and agree to forfeit that sum if the applicant fails to appear before court in accordance with the bail acknowledgment. Catchwords: BAIL – fraud – use carriage service to threaten harm – offences allegedly committed whilst on bail – show cause requirement – strength of Crown case – delays in bringing to trial – mental health concerns not addressed in custody – treatment available in outside facility Legislation Cited: Bail Act 2013 Criminal Code Act 1995 Crimes Act 1900 Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 R v S [2016] NSWCCA 189 Category: Principal judgment Parties: Ian Lazar (Applicant) Crown (Respondent) Representation: Counsel: G James QC with C Parkin (Applicant)