R v Shah [2017] NSWDC 292

District Court New South Wales

Medium Neutral Citation: R v Shah [2017] NSWDC 292 Hearing dates: 21 September 2017 Date of orders: 26 September 2017 Decision date: 26 September 2017 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: The application for release is refused Catchwords: BAIL – SHOW CAUSE OFFENCE – whether cause has been demonstrated – delay until further trial – cause not shown by accused – UNACCEPTABLE RISK –criminal antecedents – history of violence – nature and seriousness of the charges –history of compliance – likelihood of custodial sentence – need to be at liberty to prepare for trial or any other lawful reason – views of the victim – conditions that could reasonably be imposed Legislation Cited: Crimes Act 1900 (NSW) s 86(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 9 and 12 Bail Act 2013 (NSW) ss 16A, 16B, 17, 18, 19, 20A, 25, 26, 31 and 32 Cases Cited: A1 v R; A2 v R [2016] NSWSC 1288 Director of Public Prosecutions v Hourigan [2017] NSWCCA 170 Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Homsi v R; Karamalakis v R [2011] NSWCCA Jeffries v R [2008] NSWCCA 144 JM v R [2015] NSWSC 978 R v Farrell [2016] NSWSC 1278 R v Newell [2004] NSWCCA 183 R v Xie [2015] NSWSC 1833 Category: Procedural and other rulings Parties: Mohd Mahzrin Nadzri Shah (accused) Regina (Crown) Representation: Mr W Brewer (accused) Ms B O'Reilly (Crown) File Number(s): 2016/132129 Publication restriction: Decision restricted pending the trial of the accused