Director of Public Prosecutions v Sitnikoski [2017] NSWCCA 131

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions v Sitnikoski [2017] NSWCCA 131 Hearing dates: 8 June 2017 Date of orders: 08 June 2017 Decision date: 08 June 2017 Before: Hoeben CJ at CL Bellew J Fagan J Decision: 1. The detention application under s 50 of the Bail Act 2013 (NSW) is granted. 2. Bail is revoked. Catchwords: CRIMINAL LAW – bail – detention application – supply large commercial quantity of methylamphetamine – possess unauthorised pistol – possess unregistered firearm – possess ammunition without authority – alleged offences committed while accused on bail – three offences were show cause offences by operation of Bail Act 2013 (NSW), s 16B – whether accused had shown cause why detention not justified – strength of the Crown case – relevance of the provision of substantial surety – significance of character acknowledgments Legislation Cited: Bail Act 2013 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Category: Principal judgment Parties: Director of Public Prosecutions (applicant) Lewis Van Jordan Sitnikoski (respondent) Representation: Counsel: Ms Tanya Smith (applicant) Mr Peter Lange (respondent)

Solicitors: Office of the Director of Public Prosecutions (applicant) Zahr & Zahr Lawyers (respondent) File Number(s): 2017/102428 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: Not published Date of Decision: 30 May 2017 Before: Hamill J File Number(s): 2017/102428