Lelikan v Director of Public Prosecutions (Cth) [2016] NSWSC 1467

Supreme Court New South Wales

Medium Neutral Citation: Lelikan v Director of Public Prosecutions (Cth) [2016] NSWSC 1467 Hearing dates: 6 October 2016 Decision date: 14 October 2016 Jurisdiction: Common Law Before: N Adams J Decision: The release application is granted. Catchwords: RELEASE APPLICATION – charged with being a member of a proscribed terrorist organization, the Kurdistan Workers' Party (PKK) – rebuttable presumption against bail being granted to a person charged with terrorism offence – threats in custody - no threat to the Australian community – whether the exceptional circumstances to justify grant of bail exist – whether unacceptable risks are capable of being mitigated with conditions - release application granted Legislation Cited: Bail Act 2013 (NSW) ss 17, 19 Bail Act 1978 s 9C Crimes Act 1914 (Cth) ss 3,15AA(1) (2)(a) Criminal Code Act 1995 (Cth) s 102.3 Cases Cited: R v NK [2016] NSWSC 498 R v Shoe Hammoud v DPP [2006] VSC 516 Haddara v DPP (Cth) [2006] VSC 8 R v Khaled Cheikho, Studdert J, NSWSC, unrep, 15.5.06 AB v R [2016] NSWCCA 191 Vinayagamoorthy & Anor v DPP (Cth) [2007] VSC 265 R v Mulahalilovic, Rothman J, NSWSC, unrep, 1.8.06 Raad v DPP [2008] VSC 330 R v Young [2006] NSWSC 1499 R v Hantis [2004] NSWSC 153 Category: Principal judgment Parties: Renas Lelikan (Applicant) Commonwealth Director of Public Prosecutions (Respondent) Representation: Counsel: Mr P Boulten SC (Applicant) Mr C T Anderson (Respondent)