Director of Public Prosecutions (NSW) v Zaiter [2016] NSWCCA 247

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (NSW) v Zaiter [2016] NSWCCA 247 Hearing dates: 26 October 2016 Date of orders: 26 October 2016 Decision date: 02 November 2016 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Wilson J at [57] Decision: 1. Detention application granted. 2. Bail is refused. Catchwords: CRIMINAL LAW – bail – detention application – knowingly take part in supply of large commercial quantity of cocaine – knowingly deal with proceeds of crime – show cause offences – where offences are very serious and one carries a maximum penalty of life imprisonment – where Crown contends all four bail concerns apply – viable circumstantial Crown case – concerning but unremarkable prospective delay before trial – criminal history including cocaine supply – respondent has not shown cause – even if cause had been shown there are unacceptable risks of failing to appear and of committing further serious offences despite very onerous proposed bail conditions – detention application granted and bail refused – judgments of single Supreme Court judges in bail matters are relevant to their own factual matrix but rarely of any precedential value Legislation Cited: Bail Act 2013 (NSW) ss 16A, 16B, 17, 18, 19, 31 Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Fleming v White; Gamble v Hiles [1981] 2 NSWLR 719 R v Kugor [2015] NSWCCA 14 R v XY [2013] NSWCCA 121; 84 NSWLR 363 Category: Principal judgment Parties: Regina Joseph Zaiter Representation: Counsel: Mr E Balodis (Crown) Mr S Russell (Respondent)