R v Elzamtar [2017] NSWSC 275

Supreme Court New South Wales

Medium Neutral Citation: R v Elzamtar [2017] NSWSC 275 Hearing dates: 16 March 2017 Date of orders: 21 March 2017 Decision date: 21 March 2017 Jurisdiction: Common Law Before: Harrison J Decision: Conditional bail granted Catchwords: BAIL – show cause – whether unacceptable risks – conditions imposed Legislation Cited: Bail Act 2013 Firearms Act 1996 Category: Principal judgment Parties: Bilal Elzamtar (Applicant) Crown (Respondent) Representation: Counsel: A Chhabra (Applicant)

Solicitors: Hanna Legal (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2017/46873 Publication restriction: Nil

Judgment 1. HIS HONOUR: Bilal Elzamtar applies for bail. He has been in custody bail refused since the date of his arrest on 14 November 2016. He was charged on that day with a series of offences including contravening an apprehended domestic violence order, stalking and intimidating, two counts of possessing a prohibited weapon and of doing so contrary to a prohibition order. I am informed that these matters are next listed before the Burwood Local Court on 29 March 2017. 2. Mr Elzamtar is charged with a "show cause" offence because he is charged with a serious indictable offence that was allegedly committed while he was on parole. Mr Elzamtar is in fact currently serving the balance of his parole until 26 January 2019 on charges of robbery whilst armed with a dangerous weapon, possessing an unauthorised firearm, possessing ammunition without a permit and concealing a serious indictable offence. He was originally sentenced on these matters to imprisonment for 6 years from 26 January 2013 with a non-parole period of 3 years. His parole was revoked by reason of his most recent arrest. In these circumstances, by reason of the operation of s 16A(1) of the Bail Act 2013, Mr Elzamtar is required to show cause why his continued incarceration is not justified. 3. The Crown opposes bail. It contends that it has bail concerns that correspond to all of the matters listed in s 17(2) of the Act.