R v Ftelianos [2017] NSWCCA 211

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Ftelianos [2017] NSWCCA 211 Hearing dates: 28 August 2017 Date of orders: 28 August 2017 Decision date: 28 August 2017 Before: Hoeben CJ at CL Davies J Bellew J Decision: The Crown's detention application is granted. Catchwords: BAIL – Crown application for detention – Where respondent charged with firing a firearm with reckless disregard for the safety of any person – Whether cause shown – Whether unacceptable risks – Crown application granted Legislation Cited: Bail Act 2013 (NSW) Crimes Sentencing Procedure Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Crimes Act 1900 (NSW) Cases Cited: Director of Public Prosecutions v Hourigan [2017] NSWCCA 170 Moukhallaletti v The Director of Public Prosecutions (NSW) [2013] NSWCCA 314 Category: Principal judgment Parties: Regina – Applicant George Ftelianos – Respondent Representation: Counsel: E Balodis – Applicant J Brock - Respondent

Solicitors: Director of Public Prosecutions (NSW) – Applicant O'Brien Solicitors - Respondent File Number(s): 2017/179282

Judgment 1. THE COURT: On 15 August 2017 George Ftelianos ("the respondent") was released on bail, subject to a number of conditions. On 22 august 2017, the NSW Director of Public Prosecutions ("the Crown") made an application pursuant to s. 50 of the Bail Act 2013 (NSW) ("the Act") for the respondent's detention. 2. The Court heard the Crown's application on 28 August 2017. At the conclusion of that hearing, the Court ordered that the application be granted, and indicated that its reasons would be published in due course. Those reasons now follow.