Lin v Director of Public Prosecutions (Cth) [2017] NSWSC 312

Supreme Court New South Wales

Medium Neutral Citation: Lin v Director of Public Prosecutions (Cth) [2017] NSWSC 312 Hearing dates: 23 and 27 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: Bail granted on conditions Catchwords: BAIL – federal offences – applicant charged in January 2016 with attempting to possess border controlled drug, namely methyl amphetamine – granted bail and complied with bail conditions – charged in June 2016 with attempting to possess a greater amount of methyl amphetamine arising out of the same events – bail refused – charges reformulated – no relevant prior criminal record – vulnerable family – proposed electronic monitoring at his own cost– Australian Federal Police assert do not have resources to monitor data from electronic monitoring company – time to trial in excess of 12 months – cause shown – risk of non‑appearance and commission of further offence reduced below unacceptable level by strict conditions – bail granted Legislation Cited: Bail Act 2013, s 16A, s 16B, s 17, s 18, s 19, s 66, s 74 Crimes Act 1914, s 15AA Criminal Code 1995 (Cth), s 11, s 307 Criminal Procedure Act 1986, s 91 Judiciary Act 1903 (Cth), s 68 Cases Cited: DPP v Mawad [2015] NSWCCA 227 DPP v Tikomaimaleya [2015] NSWCA 83 DPP v Zaiter [2016] NSWCCA 247 R v Ebrahimi [2015] NSWSC 335 R v Xi [2015] NSWSC 1575 Category: Principal judgment Parties: Xu Lin (Applicant) Regina (Crown) Representation: Counsel: J Korn (Applicant) L Thompson, solicitor (Crown)